Refugees and asylees. The services you offer, clientele you serve, and area of the country you practice in can all affect earning potential. Because immigration law provides you with a foundation to represent people who have immigration matters to resolve, but it also allows you to recognize how a persons immigration status might impact them in many seemingly unrelated ways. The government considers refugees "firmly resettled" if the refugees have received an offer of citizenship, permanent residency, or some other permanent status from a foreign country. Keep reading for answers to frequently asked questions about this rewarding legal specialty. This article covers employment-based immigrant and non-immigrant visas, adjustment of status, work authorization for spouses or dependents, and much more. Immigration and Nationality Act of 1952 (INA), Immigration Reform and Control Act (IRCA), The Immigration Marriage Fraud Amendments, Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, U.S. Currently, CBP handles the border patrol duties, USCIS handles naturalization, asylum, and permanent residence functions, and the ICE handles deportation, intelligence, and various investigatory functions. Once in law school, youll complete a combination of required courses and electives that match your individual interests and future aspirations. The program also offers influential thought leadership and policy recommendations regarding ways to improve the U.S. immigration system so that it works most effectively in the national interest. To rebut the presumption, the alien must demonstrate by a preponderance of the evidence that admission would have been granted even without the falsification or fraud. Most applicants must be proficient in English and capable of passing a short civics test on the history and governance of the United States, though there are exceptions for the disabled and elderly. These visas do not permit study, employment, professional performances, work in the media, or permanent residence in the U.S. This nonpartisan nonprofit provides continuing legal education, information, and professional services. Diversity visa. If a direct connection with immigration is not available, any paid or volunteer activity that involves public speaking, writing, research, or other skills valued in the legal profession could be worth pursuing. They also suggest courses of action based on their knowledge of immigration law. Many universities have an immigration attorney on staff to advise incoming students and faculty as well. There are no numerical caps for TN workers, and their period of stay is not limited. And there are many other temporary visa classes, including for temporary workers. There are two types ofvisas: immigrant visas and nonimmigrant visas. The government divides nonimmigrant visas into eighteen different types. A persons immigration status might impact and intersect with other legal matters too, such as family law, criminal law, business, and tax law, and being well versed in immigration law is necessary for attorneys practicing in those areas as well. While the share varies from year to year, roughly two-thirds of legal immigration to the United States is on the basis of family ties, with the rest divided between employment-based and humanitarian immigration and those arriving through the green-card lottery (also called the diversity visa). For more on immigration law, see this Florida State University Law Review article, this University of Florida Law Review article, and this University of Seattle Law Review article. MPI'sU.S. Immigration Policy Program analyzes U.S. policies and their impacts, as well as the complex demographic, economic, political, foreign policy, and other forces that shape immigration to the country. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 revolutionized the process of alien entry into the United States. A brief examining family-based migration in the United States and eight other significant immigrant destinations, An article examining the Immigration and Nationality Act of 1965 on its 50. In most cases, temporary workers can bring spouses and minor children with them, but those family members do not have the right to work. Upon such a proof, the government has established a rebuttable presumption that the alien gained admission through material falsification or fraud. DHS grants deferred action on a case-by-case basis. Legal Issues that Will Affect Your Visa Status. In recent years, the United States has granted about 1 million green cards annually; while the share varies a bit from year to year, roughly half are given to immigrants already in the United States who are adjusting from another status (for example temporary worker or student). Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE) - all handle separate duties related to the enforcement of immigration laws. Citizenship, when not acquired by birth, is available to lawful permanent residents of good moral character through the "naturalization" process. The remainder go to applicants outside the United States. The terms "documented" and "undocumented" refer to whether an arriving alien has the proper records and identification for admission into the U.S. Having the proper records and identification typically requires the alien to possess a valid, unexpired passport and either a visa, border crossing identification card, permanent resident card, or a reentry permit. Depending on the applicant's circumstances, the period of time required after obtaining residency varies. During any given day in immigration practice, an attorney may work with people who have undergone exceptionally traumatic experiences, including suffering persecution, human trafficking, or torture. The Immigration Act of 1990 thoroughly revamped the INA by equalizing the allocation of visas across foreign nations, eliminating archaic rules, and encouraging worldwide immigration. Immigration to the United States is the subject of significant debate, with questions ranging from the size of inflows, the role of immigrants in the labor market, and the nature of enforcement, to humanitarian admission policies and the sociodemographic characteristics of new arrivals. The DAPA program permits parents of U.S.citizens or legal permanent residents (LPR) to apply for deferred action if they have continuously resided in the U.S. since January 1, 2010 and had a U.S. citizen or LPR child as of November 20, 2014. Do you like interacting with people from other countries and cultures? Most others must accrue five years of permanent residency before applying for citizenship. Visit our professional site . Spouses of L visa holders are allowed to work in the United States. 202-266-1900, Explainer: How the U.S. Legal Immigration System Works, National Center on Immigrant Integration Policy, Latin America & Caribbean Migration Portal, Illegal Immigration & Interior Enforcement, From Fear to Solidarity: The Difficulty in Shifting Public Narratives about Refugees, Its Relative: A Crosscountry Comparison of Family-Migration Policies and Flows, Fifty Years On, the 1965 Immigration and Nationality Act Continues to Reshape the United States, The Immigration Act of 1990: Unfinished Business a Quarter-Century Later, Going to the Back of the Line: A Primer on Lines, Visa Categories, and Wait Times, Green Card Holders and Legal Immigration to the United States. However, there have been numerous legal challenges in response, and as such, this is an issue that is continually evolving. The Immigration and Nationality Act of 1952 (INA), also known as the McCarran-Walter Act, eliminated all race-based quotas, replacing them with purely nationality-based quotas. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), Deferred Action for Childhood Arrivals (DACA), Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), Florida State University Law Review article, Article I, Section 8 - Congressional Authority to Establish Uniform Rules of Naturalization, 1951 Refugee Convention and 1967 Protocols, Immigration Equality's Immigration Law Glossary. There are a number of other small categories of green cards available. Within the Department, three different agencies - U.S. Customs and Border Protection (CBP), U.S. (Family migration accounts for about 40 percent of all permanent immigration across Organization for Economic Cooperation and Development countries). Source: State Department, Table XVI (B) Nonimmigrant Visas Issued by Classification (Including Border Crossing Cards): Fiscal Years 2014 2018, Report of the Visa Office 2018, available online. These categories include foreign nationals who are established to have extraordinary ability within their field, investors who have positively impacted the U.S. economy, and certain groups for whom humanitarian programs exist. H-2A: The H-2A visa is for foreign agricultural workers, who can stay in the United States for up to three years. Full Bio >, Frequently Requested Statistics on Immigrants and Immigration in the United States. Family reunification has long had a central role in the U.S. immigration system, more so than some other major immigrant-receiving countries. Contact us. You can find immigration lawyers in various legal settings as well, from large law firms to smaller practices that include or specialize in immigration law, to government agencies to nonprofit organizations. In recent years, Congress has authorized the Homeland Security Secretary to increase the cap if the determination is made that there is sufficient need for additional workers. For most of these, the governmentdoes not impose a cap on the number that may be granted in a year. Immigration law serves as a gatekeeper for the nation's border, determining who may enter, how long they may stay, and when they must leave. As a matter of public policy, the government also typically refuses refugee applicants previously convicted of murderer. Recipients of deferred action grants, however, cannot claim lawful status during that time, but they are considered lawfully present in the U.S. Federal immigration law determines whether a person is an alien (which is the term used by the Internal Revenue Service), the rights, duties, and obligations associated with being an alien in the United States, and how aliens gain residence or citizenship within the United States. Related: Meet professor Dina Francesca Haynes, Director of the Immigration Law certificate at New England Law | Boston. Search, Browse Law Information for foreign nationals seeking authorization to work in the United States. 1275 K St. NW, Suite 800, Washington, DC 20005 ph. A guide to petitioning for a family member's legal status in the U.S. Immigrants seeking permanent residence in the United States apply for a green card, the informal term for lawful permanent resident (LPR) status. The executive actions also introduced the new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program. Because of the numerical caps and per-country caps on certain green-card categories, there are significant waits for some categories, with sharper effects on a few countries. Good Starting Point in Print: David S. Weissbrodt and Laura Danielson. Finally, highly experienced immigration lawyers may pursue other career interests, such as teaching immigration law in law schools. Learn about eligibility requirements, the application process, how to bring a family member to the U.S., and more. After all lottery applications are submitted in a given year, a number that spanned more than 14 million in fiscal year (FY) 2018, the U.S. government conducts a virtual lottery of qualified applicants, randomly selecting winners who will be invited to apply for a green card if they meet some basic criteria. Almost all employment-based immigrants, except some very high-skilled immigrants and investors, must have an employer who will sponsor them for a visa. Learn more about our immigration law program. For example, as of April 2019, the wait for U.S. citizens to sponsor adult, unmarried children was more than seven years for most parts of the world, but was 12 years for relatives from the Philippinesand more than 21 years for those from Mexico. The INA continues to influence the field of American immigration law. Aliens with immigrant visas can also work in the United States. And to a lesser extent, people can come if they possess sought-after skills or are selected in the green-card lottery. Also provided are links to primers on getting a green card, working in the U.S. as a foreign national, helping a family member adjust his or her status, and more. For the capped preference categories in the family and employment streams, U.S. law imposes a limit on how many immigrants from any particular country can receive green cards in a given year. Does the thought of working on human rights issues excite you? An overview of the border entry process. Want to make a differenceand have a lasting careeras an immigration lawyer? The ability to communicate with compassion may be especially important in dealing with immigrants and immigrant families, who may need reassurance as well as technical assistance in dealing with the legal complexities of immigration. This might mean conducting an informational interview with a working immigration lawyer, perhaps through your undergraduate institution (ask the career or alumni offices at your school). The immigration issues that have seen intense political debate and media coverage in recent years are only part of the story. An application for admission occurs whenever an alien arrives in the U.S., regardless of whether the arrival occurs at a designated port-of-entry. In many situations, strong interpersonal skills are also needed. Copyright 2022, Thomson Reuters. The Trump administration has expressed its desire to end DACA and DAPAand has taken actions to do so. This program provides a framework for American employers to hire non-U.S. citizens in jobs where their skills are needed. Law schools both seek out these skills in applicants and cultivate them in their students. The basics of obtaining legal permanent resident status, commonly known as a "green card." The need to curtail illegal immigration prompted Congress to enact the Immigration Reform and Control Act (IRCA) of 1986. U.S. citizens can sponsor their spouses, unmarried children under age 21, and parents for a green card. You might also get a chance to chat about immigration law at a law school fair. There are both numerically limited and unlimited categories that U.S. citizens and green-card holders can access to petition to bring in a relative. The applicant meets the objective standard by showing credible and direct evidence that a reasonable possibility of persecution exists upon the applicant's return to the homeland. L visa holders can stay for seven years if they are a manager or executive in the company, and for five years if they are a specialized knowledge employee. Temporary workers usually have to remain with their sponsoring employer in order to maintain the right to stay in the United States, unless they can find another employer to sponsor them. The IIRIRA eliminated the term "entry," replacing it with "admission." Rather, employers and clients will be looking for lawyers with ample exposure to the immigration field, particularly hands-on legal experience through clinics, legal internships, externships, clerkships, pro bono activities, and more, as well as through their law school course work. Another helpful resource is the American Immigration Lawyers Association, a national organization of more than 15,000 attorneys and educators who practice and teach immigration law. The policy rationale was to prevent deportation of young adults and children, who grew up as Americans yet did not voluntarily enter the U.S. unlawfully. The same can be said for gaining experience in a social outreach organization, business that relies on non-citizen employees, or government office that deals with immigration. Conversations with law school representatives can also be revealing, and its often easy to contact law school admissions folks and even professors directly. Congress limits the quantity of immigrant visas. Firms, Access state-specific content curated especially for you, Save your information as you go. The American Bar Association (ABA) advises anyone interested in a legal career, regardless of the chosen specialty, to pursue educational, extracurricular, and life experiences that will fosterthe strengths and abilities needed for success in the legal world. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Immigration law is primarily dealt with at the federal level (although, some states have passed laws to enforce existing federal immigration laws). Many immigration lawyers go into solo practice as well. Others will need to apply with the U.S. Consulate or Embassy in their home country in advance of their departure. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. U.S. citizens can sponsor adult children and siblings, while green-card holders can sponsor their spouses and unmarried minor or adult children. For refugees who have "firmly resettled" in another country, the United States will deny a request for refugee admission. Below are some examples of temporary worker visas: H-1B: The H-1B visa for specialty occupations allows workers to stay for up to two three-year work periods, or longer if they are in line for a green card. If the government brings a proceeding for deportation because of fraud or falsification, the government bears the burden of proving by clear and convincing evidence that alleged falsification or fraud occurred and that the falsification or fraud proved material to the granting of admission to the alien. Work on your documents in your own time, Download, print, or edit your stored documents. Note: This figure reflects admissions, not green-card grants.Source: Department of Homeland Security, Office of Immigration Statistics, Yearbook of Immigration Statistics 2017, Refugees and Asylees, available online. H-2B: The H-2B visa, which is usually granted for short periods but can be extended for up to three years, is available for workers filling nonagricultural seasonal or temporary jobs, such as landscapers, crab pickers, life guards, or resort workers. The government primarily issues nonimmigrant visas to tourists and temporary business visitors. In this section, we offer explainers, data-rich fact sheets and articles, and data tools that can help nonspecialists understand more about this phenomenon of international migration. The U.S. government can initiate deportation proceedings against aliens who commit an aggravated felony within the United States after being admitted. Seekers of asylum must show a fear that membership in a social or political group has caused past persecution or has caused a well-founded fear that persecution will occur upon returning. To learn more about the U.S. immigration system, here are some useful resources: Julia Gelatt is a Senior Policy Analyst with the U.S. Immigration Policy Program. Beyond permanent admissions, the United States also admits hundreds of thousands of workers, foreign students, and exchange visitors annually for temporary residence through a broad swath of visa categories, assigned letters of the alphabet from A through V. While temporary visas do not lead directly to a green card, temporary visa holders in some cases can get one if they are able to find a family member or employer to sponsor them. Are you interested in criminal law, constitutional law, civil rights law, family law, education law, entertainment law, sports law, compliance, or business law? The nature of the relationship between the parties often impacts the availability of residency and the speed at which it may be acquired. Not to mention the satisfaction rates are consistently higher for public interest lawyers. Immigrant visas, however, permit their holders to stay in the United States permanently to eventually apply for citizenship. For instance, interning with a law firm that specializes in immigration issues can provide a first-hand look at the work involved while helping you polish relevant workplace skills. Employers wishing to sponsor an H-1B worker must attest to the Labor Department about the wages and working conditions they will offer H-1B workers. Immigration law encompasses a wide range of situations that involve a person from a foreign country coming to the United States, whether for a temporary visit or with the intent to live permanently in the U.S. (as a citizen or as a legal permanent resident). Nationals of some countries need not apply for a visa at all and are eligible to enter the U.S. as part of the "Visa Waiver Program." To qualify for refugee status under the persecution provision, the refugee applicant must prove actual fear. Different categories of aliens include resident and nonresident, immigrant and nonimmigrant, and documented and undocumented ("illegal"). Non-immigrant visas, such as the H-1B and other H visas, permit employment with a specific employer in a specific position. Under the per-country cap set in the Immigration Act of 1990, no country can receive more than 7 percent of the total number of employment-based and family-sponsored preference visas in a given year. This category does not have annual numerical limits. Other employment-authorized visas include the L visa for intra-company transferees and the O, P, and R visas which are used by extraordinary artists, scientists, athletes, educators, and religious workers. (Every world-class performer or athlete has an immigration attorney behind them, advising on and securing necessary visas!) TheImmigration Act of 1990set the annual limit at 675,000. Why? Many immigrant visas remain subject to per-country caps. A guide to becoming a U.S. citizen through the process of naturalization. Or they may prepare correspondence, meet with government officials, make presentations, and advise staff and volunteers, among other duties. All rights reserved. This article offers the top statistics on immigrants and immigration to the United States. Earnings for some lawyers who specialize in immigration may be lower than the average for lawyers in general. The IRCA toughened criminal sanctions for employers who hired illegal aliens, denied illegal aliens federally funded welfare benefits, and legitimized some aliens through an amnesty program. The Obama administration laterexpanded the DACA program by extending the period from two to three years, removing the age requirement, and easing the continuous residency requirement. Note: The preference categories listed above have annual caps, as is explained below.Source: Department of Homeland Security, Office of Immigration Statistics, Yearbook of Immigration Statistics, Lawful Permanent Residents, multiple years, available online. Regardless of the eventual practice area, completing a bachelors degree is the usual first step in becoming a lawyer, followed by earning a juris doctor (JD) degree. For most people planning to practice law, including immigration law, the JD is the standard degree. As such, this entry deals exclusively with federal immigration law. They can apply for U.S. citizenship after five years, or three years if they marry a U.S. citizen. Resettled refugees and those granted asylum are eligible to apply for a green card after one year. The Refugee Act of 1980 specifically leaves out temporary refuge as a form of refugee status that the U.S. government will recognize. Advanced degrees are generally pursued by those who hope to teach law or conduct scholarly research. Such real world experiences can also help you assess the pros and cons of working in this field without making the commitment of full-time employment after law school.