AN OVERVIEW OF IMMIGRATION LAW Where Are We and Where Are We Going? Presented By: Attorney David J. Long Board-Certified Specialist in Immigration Law October 30, 2008 Gate City Rotary Club

2 INTRODUCTION Why is the topic of immigration important, and why should you care? Our immigration system impacts all individuals and businesses. Our immigration system impacts all individuals and businesses. The topic of immigration is one of the most contentious topics facing our nation. It is often characterized by misinformation, fear and demagoguery. The topic of immigration is one of the most contentious topics facing our nation. It is often characterized by misinformation, fear and demagoguery. Most politicians (Republicans and Democrats alike) agree – the current immigration system is broken. They disagree on how to fix it. Most politicians (Republicans and Democrats alike) agree – the current immigration system is broken. They disagree on how to fix it.

3 Background Federal Law Federal Law Immigration & Nationality Act Immigration & Nationality Act Federal Agencies Involved Federal Agencies Involved Department of Homeland Security Department of Homeland Security U.S. Citizenship & Immigration Services U.S. Citizenship & Immigration Services U.S. Customs & Border Protection U.S. Customs & Border Protection U.S. Immigration & Customs Enforcement U.S. Immigration & Customs Enforcement Department of State Department of State Department of Labor Department of Labor

4 Immigration Hierarchy Undocumented Undocumented Non-Immigrant Visa Status (Temporary) Non-Immigrant Visa Status (Temporary) Immigrant Visa (“Green Card” / Permanent Resident) Immigrant Visa (“Green Card” / Permanent Resident) U.S. Citizen U.S. Citizen

5 Where We Are: The Current Immigration System How do foreign nationals enter the United States? How do foreign nationals enter the United States? Non-Immigrant Visa (Temporary) Non-Immigrant Visa (Temporary) Immigrant Visa (“Green Card”) Immigrant Visa (“Green Card”) Undocumented Undocumented

6 The Current System: Non-Immigrant Visas Basic Characteristics: Basic Characteristics: For a specific purpose For a specific purpose For a limited duration For a limited duration Employment authorized for some, but not all Employment authorized for some, but not all “Alphabet Soup” “Alphabet Soup”

7 Non-Immigrant Visas Most Common Categories B-1 Temporary visitor for business B-2 Temporary visitor for pleasure E-1 Treaty Trader, Spouse and Derivative Children E-2 Treaty Investor, Spouse and Derivative Children F-1 Academic Student H-1B Specialty Occupation H-2A Temporary Agricultural Worker H-2B Temporary Worker (Skilled and Unskilled) H-3Trainee J-1 Exchange Visitors / Research Scholars

8 Non-Immigrant Visas Most Common Categories (cont.) K-1 Fiancé(e) of U.S. Citizen L-1 Intracompany Transferee (Managers, Executives and Specialized Knowledge Employees) O-1 Alien of Extraordinary Ability in the Sciences, Arts, Education, Business or Athletics P-1 Individual or Team Athletes or Entertainment Groups R-1 Religious Workers TN Trade Visas for Mexicans and Canadians in certain designated occupations Visa Waiver Program Nationals of certain countries exempt from Non- Immigrant Visa requirements

9 The Current System: Immigrant Visas Avenues to Acquire Permanent Resident Status: Avenues to Acquire Permanent Resident Status: Family-Based Family-Based Employment-Based / Labor Certification Employment-Based / Labor Certification Diversity Visa Lottery Diversity Visa Lottery Asylee / Refugee Asylee / Refugee Registry Registry

10 Immigrant Visas Family-Based Immigration Key Concepts: Key Concepts: Close Family Relationship Required Close Family Relationship Required Petition-Based Process Petition-Based Process Problem of Illegal Entry Problem of Illegal Entry 3 -Year & 10 -Year Bars for Unlawful Presence 3 -Year & 10 -Year Bars for Unlawful Presence Extensive Backlogs for Many Categories Extensive Backlogs for Many Categories

11 Immigrant Visas: Which Family Relationships Qualify? PetitionerBeneficiaryCategory Cut-Off Dates (11/2008)* U.S. Citizen Spouse, Parents, Unmarried Children (under 21) Immediate Relative No Backlogs / No Annual Limits Unmarried Sons & Daughters (over 21) 1 st 5/1/2002 Married Sons & Daughters 3 rd 7/1/2000 Brothers & Sisters 4 th 11/15/1997 Lawful Permanent Resident Spouse & Unmarried Children (under 21) 2A2A2A2A2/8/2004 Unmarried Sons & Daughters (over 21) 2B2B2B2B1/15/2000 *For Beneficiaries born in all countries except China, India, Mexico and the Philippines

12 Immigrant Visas Employment-Based Immigration Key Concepts: Key Concepts: Employer Required in Most Cases Employer Required in Most Cases Petition-Based Process Petition-Based Process Labor Certification (“PERM”) Labor Certification (“PERM”) Problem of Illegal Entry Problem of Illegal Entry Extensive Backlogs for Many Categories Extensive Backlogs for Many Categories

13 Immigrant Visas Employment-Based Categories CategoryDescription Cut-Off Dates (11/2008)* EB-1  Persons of Extraordinary Ability  Outstanding Researchers & Professors  Multinational Managers and Executives Current EB-2  Professionals Holding Advanced Degrees  Persons of Exceptional Ability Current EB-3  Professionals  Skilled Workers  Other Workers 5/1/2005 Other Workers: 1/15/2003 EB-4  Special Immigrant Religious Workers  Other Special Immigrants Current Religious Workers: Unavailable EB-5  Employment Creation Investors Current *For Beneficiaries born in all countries except China, India, Mexico and the Philippines

14 Immigrant Visas Labor Certification (“PERM”) Offer of Full-Time, Permanent Employment Required Offer of Full-Time, Permanent Employment Required Employer Must Advertise the Job Employer Must Advertise the Job Minimum education, training and work experience requirements Minimum education, training and work experience requirements Employer Must Demonstrate Non-Availability of U.S. Workers for the Job Position Being Offered Employer Must Demonstrate Non-Availability of U.S. Workers for the Job Position Being Offered Applicants can only be rejected for lawful, job-related reasons Applicants can only be rejected for lawful, job-related reasons Employers must show good faith recruitment efforts Employers must show good faith recruitment efforts The Role of the Department of Labor The Role of the Department of Labor

15 Where We Are Going: Hot Topics for North Carolina Growing Immigrant Population Growing Immigrant Population CIS Offices – Charlotte & Durham CIS Offices – Charlotte & Durham New Immigration Court – Charlotte New Immigration Court – Charlotte Driver’s Licenses Driver’s Licenses 287(g) Program (Alamance, Cabarrus, Cumberland, Durham - City, Gaston, Henderson, Mecklenburg, Wake) 287(g) Program (Alamance, Cabarrus, Cumberland, Durham - City, Gaston, Henderson, Mecklenburg, Wake) Community College Admissions Policy Community College Admissions Policy

16 Where We Are Going: Hot Topics Around the Nation Worksite Enforcement Worksite Enforcement I-9 Audits I-9 Audits Shift to E-Verify System Shift to E-Verify System SSA “No Match” Rule SSA “No Match” Rule High-Profile ICE Raids High-Profile ICE Raids Comprehensive Immigration Reform Comprehensive Immigration Reform

17 The Need for Comprehensive Immigration Reform Extensive backlogs Extensive backlogs Million undocumented aliens Million undocumented aliens Border Security Border Security Enforcement of Existing Laws Enforcement of Existing Laws Temporary Worker Program Temporary Worker Program Obama v. McCain Obama v. McCain

18 Resources “Newsflash Feature for Current Immigration News “Newsflash Feature for Current Immigration News Articles & Newsletters Articles & Newsletters Overview of Temporary and Permanent Visas, Labor Certification, Citizenship, etc. Overview of Temporary and Permanent Visas, Labor Certification, Citizenship, etc. Processing Times Processing Times (U.S. Citizenship & Immigration Services) (U.S. Citizenship & Immigration Services) (U.S. Department of Labor) (U.S. Department of Labor)

19 Questions ???