Immigration and the United States

Vocabulary

• Immigrant• Naturalization• Sponsor• Employment• Famine• Persecution

Outline

• History of Immigration• Family Based Immigration• Work Based Immigration• Diversity Immigration Program

History of Immigration to the U.S.

• Before 1776• 1776-1870• 1870-1924• 1924-1967• 1967-Present

Before 1776

• Spanish, French, Dutch and British immigrants came to what would become the United States.– The Spanish settled in the South and West.– The French settled in the Midwest.– The Dutch settled in New York.– The British settled in New England and the

Southeast.

1776-1870

• Irish immigrants came to the United States in the 1840’s to escape the Potato Famine.

1870-1924

• Italian, Eastern European and Scandinavian immigrants came to the U.S. seeking economic opportunity.

• Jewish immigrants came to the U.S. fleeing persecution.

1924-1965

• Quotas set for immigration to the U.S.• Aliens required to have visas to enter the U.S.

1965-Present

• The Immigration Act of 1965– Allowed increased immigration.– Resulted in large increase in immigration from

Latin America, Asia and Africa.

• In the 1970’s, Vietnamese and Cubans immigrated to the U.S. seeking freedom.

Immigration Law:Family-Based Immigrants

• The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on relationship to a U.S. citizen or legal permanent resident. Family-based immigration falls under two basic categories: unlimited and limited.

Unlimited Family-Based Immigration • There is no annual limit on the number of these

immigrants who may be admitted every year.– Immediate Relatives of U.S. Citizens (IR): The

spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.

– Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.

Limited Family-Based Immigration • Under U.S. immigration law, only a certain number of

these immigrants may be admitted every year.– Family First Preference (F1): Unmarried sons and daughters of

U.S. citizens, and their children, if any. (23,400 per year) – Family Second Preference (F2): Spouses, minor children, and

unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200 per year) • At least seventy-seven percent of all visas available for this category will

go to the spouses and children; the remainder will go to unmarried sons and daughters.

– Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (23,400 per year)

– Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000 per year)

Immigration Law:Employment-Based Immigration

• The Immigration and Nationality Act provides a yearly minimum of 140,000 employment-based immigrant visas which are divided into five preference categories. They may require a labor certification from the U.S. Department of Labor (DOL), and the filing of a petition with the Bureau of Citizenship and Immigration Services (BCIS).

Employment-Based Immigration

• Employment First Preference (E1) – Priority Workers receive 28.6 percent of the yearly

worldwide limit. – Within this preference there are three sub-groups:

• Persons of extraordinary ability in the sciences, arts, education, business, or athletics.

• Outstanding professors and researchers with at least three years experience in teaching or research that are recognized internationally.

• Certain executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.

Employment-Based Immigration• Employment Second Preference (E2) – Professionals Holding Advanced Degrees, or Persons

of Exceptional Ability in the Arts, Sciences, or Business receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First Preference visas.

– There are two subgroups within this category: • Professionals holding an advanced degree (beyond a

baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and

• Persons with exceptional ability in the arts, sciences, or business: Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.

Employment-Based Immigration

• Employment Third Preference (E3) – Skilled Workers, Professionals Holding Baccalaureate

Degrees and Other Workers receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First and Second Preference visas.

– There are three subgroups within this category: • Skilled workers are persons capable of performing a job

requiring at least two years' training or experience; • Professionals with a baccalaureate degree are members of a

profession with at least a university bachelor's degree; and • Other workers are those persons capable of filling positions

requiring less than two years' training or experience.

Employment-Based Immigration

• Employment Fourth Preference (E4) – Special Immigrants receive 7.1 percent of the yearly

worldwide limit. – There are six subgroups:

• Religious workers coming to carry on the vocation of a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;

• Certain overseas employees of the U.S. Government; • Former employees of the Panama Canal Company; • Retired employees of international organizations; • Certain dependents of international organization employees; and • Certain members of the U.S. Armed Forces.

Employment-Based Immigration

• Employment Fifth Preference (E5) – Employment Creation Investors receive 7.1

percent of the yearly worldwide limit. • To qualify, an alien must invest between U.S. $500,000

and $1,000,000, depending on the employment rate in the geographical area, in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family.

Immigration Law:Marriage-Based Immigration

• The Immigration and Nationality Act provides U.S. citizens with two options to bring future spouses to the United States: the K-1 fiancé visa and the alien-spouse immigrant visa. – Marriage In the United States: Fiancé Visa

• U.S. citizens may file a petition for the issuance of a K-1 fiancé visa to an alien fiancé. A citizen exercising this option must remain unmarried until the arrival of the fiancé in the U.S., and the wedding must take place within three months of the fiancé's arrival if he/she is to remain in status. Also, the alien and U.S. citizen must have met personally at least once in the two years before the petition was filed.

– Marriage Abroad: Alien-Spouse Visa • If a U.S. citizen marries an alien abroad, a petition must be filed after

the marriage to begin the immigration process for the alien spouse. This must generally be filed in the United States where the petitioner U.S. spouse lives.

Immigration Law:Diversity Lottery

• Diversity Lottery (DV1): Every year, there is a lottery for the issuance of immigrant visas. To participate in this drawing, applicants must have completed at least high school, or have at least two years of experience in a qualifying profession.

• Registration for the visa lottery generally occurs in October.