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Immigration to the US
T he notion that the US is a nation of immigrants is something of an illusion, as only 11 per cent of US residents are foreign-born, roughly the same as the UK and France, but less than Canada, Switzerland and Australia. However, in terms of numbers, the US is way ahead of the field, with official immigration running at up to a million a year.
In the ’90s, more immigrants came to live in the United States than in any decade in the nation’s history.
However, in the wake of the terrorist attacks of September 11th 2001 there have been several changes to visa and immigration policies (e.g. new countries have been added to the list of high-risk countries regarding terrorism), and in some categories visa applications have decreased as requirements have been tightened. Nevertheless, it’s estimated that over 7 million visas have been issued annually in recent years for entry into the United States.
Requirements for entering the US
With the exception of certain visitors, all non-resident foreigners wishing to enter the US require a visa, even those just in transit on their way to another country. The US issues a bewildering range of visas which are broadly divided into immigrant (permanent resident) and non-immigrant (temporary resident) visas. An immigrant visa gives you the right to travel to the US to live and work there (and change jobs freely) on a permanent basis, with the possibility of qualifying for US citizenship after five years’ residence.
A non-immigrant visa allows you to travel to the US on a temporary basis, e.g. from six months to five years, and in certain cases to accept employment. Work permits aren’t issued, as the appropriate visa serves the same purpose. A visa does not give you the right to enter the US, only to travel there for a specified purpose. This is because visas are issued by the Consular section of the Department of State, which only has the authority to pre-approve foreigners for travel. The Consular services issue 4 million visas annually.
For many years, the US immigration and naturalisation laws were enforced by the Immigration and Naturalization Service (INS) of the United States Department of Justice. After the terrorist attacks, the Department of Homeland Security (DHS) was created to co-ordinate the various services connected with national security.
On 1st March 2003, the old INS became three new departments under the DHS: the US Citizenship and Immigration Service (USCIS), which handles the various immigration statuses and permits once an immigrant has been admitted to the country, Immigrations and Customs Enforcement (ICE), responsible for immigration-related investigations, detentions, deportation and the new registration system for students and exchange visitors (SEVIS), and Customs and Border Protection (CBP), which patrols the borders and entry points (and decides whether or not to admit arriving foreigners with a visa).
Like the old INS, the USCIS maintains four regional service centres and more than 60 local offices throughout the US. Once admitted into the country by the CBP, it’s now the job of the USCIS and the ICE to register and track all the various foreigners, make sure they’re complying with the terms of their visas, and (especially) to make sure they go back home or at least leave the US when they’re supposed to!
No guarantee of entry
Possession of a visa isn’t a guarantee of entry into the US. Entry into the country is strictly controlled and anyone who doesn’t comply with immigration requirements (including being able to prove that they’re indeed in compliance with the terms of their visa), can be fined, jailed or deported. In general, the US attempts to restrict entry of undesirables, i.e. anyone who’s a threat to the health, welfare or security of the US (of which it clearly already has more than its fair share).
Only holders of visas permitting employment may work in the US. Holders of other categories of visas may not accept employment, even informal work in a household as a nanny, au pair or mother’s helper. Your passport must usually be valid for a minimum of six months after the termination of your planned stay. If your passport is close to its expiry date, you should renew it before travelling to the US.
There are many books that describe immigration procedures in detail including Immigrating to the USA by Dan P. Danilov (Staff Counsel Press), Immigration Questions and Answers by Carl R. Baldwin (Watson-Guptill) and The Immigration Handbook by Henry G. Liebman (First Books, Inc.). Further information is available on State Department websites (www.state.gov andhttp://travel.state.gov ) and on the USCIS website (www.uscis.gov).
In May 2006, an anti-terror agreement under which European airlines provide US law enforcement agencies with detailed information about passengers travelling to the US, was overturned by the European Court of Justice. However, the ruling did not annul the substance of the agreement and data collection under the current terms, which will continue until September 30th to give US and European officials time to find a solution to the legal problem.
Immigration is a complex subject and the information contained in this chapter is subject to change, and is intended as a general guide only (particular quotas). You shouldn’t base any decisions or actions on the information contained herein without first confirming it with an official and reliable source, such as an American Embassy.
Immigration visas for the US
Categories and quotas
An immigrant visa bestows upon the holder the status of a permanent resident. It comprises a stamp placed in your passport by an American embassy or consulate outside the US (as with non-immigrant visas), which allows you to enter the US to take up permanent residence.
Holders of immigrant visas are issued with an Alien Registration Receipt Card, popularly referred to as a green card (although it’s now pinkish-blue), consisting of a plastic identification card with your photo, thumb print and signature on the front. A green card serves as a US entry document for permanent residents returning to the US after a period abroad.
There are two ways most people can obtain a green card, through blood ties (or marriage) as an immediate or close relative of a US citizen or permanent resident, or through employment. Green cards are issued on a preferential basis and this can involve waiting many years, as only a limited number are issued each year. Immigrant visas give holders the right to live and work in the US (and change jobs freely) on a permanent basis and confers eligibility for US citizenship after three years for spouses of US citizens and five years for all others.
The main difference between the rights of a permanent resident and those of a US citizen is that a permanent resident, although having all the responsibilities of a US citizen, is ineligible for certain welfare benefits, including some Medicaid and Social Security insurance benefits. Green cards are valid for ten years and cannot be withdrawn, provided the holder doesn’t abandon his US residence or commit certain crimes.
Criteria for getting an immigrant visaBefore applying for an immigrant visa you must establish that you fulfil the criteria for whatever category of visa you’re applying for. Provided you qualify, you may apply for an immigrant visa under more than one category. When applying for an immigrant visa (and some non-immigrant visas) it may be advisable to employ the services of a qualified and experienced immigration lawyer, although it isn’t always necessary.
It depends on each case, although the procedure can be complicated and the rules and regulations change frequently. Many visa applications are rejected each year because the paperwork is incorrect, e.g. the wrong information has been provided, a form hasn’t been completed correctly, the wrong visa application has been made, or a lawyer hasn’t made the correct approach to the authorities. If someone makes an application on your behalf, you should, at the very least, check that the information provided is correct in every detail. If your application is rejected (for any reason) you’re less likely to be granted a visa by appealing or re-applying, so it’s vital to get it right first time.
Immigration lawyersThere are literally thousands of immigration lawyers in the US and abroad, many of whom specialise in certain categories of immigrants only, e.g. those with lots of money to pay their fees. Lawyers’ fees depend on the complexity of the case and range from $250 for a simple consultation to between $5,000 and $10,000 for a complex application involving a lot of work. You should engage a lawyer who’s been highly recommended or who has a good reputation, as incompetent and dishonest lawyers aren’t unknown.
The most reliable source of information on US lawyers is said to be the Martindale-Hubbell list, which includes a rating of each lawyer. The ratings can be viewed on www.lawyers.com. No lawyer, however much you pay him, can guarantee that your application will be approved. Ensure that you know exactly how much you must pay and the exact services you will receive in return for your money. If you wish to appeal successfully against a refusal to grant you a visa or green card, you must probably engage the services of an immigration lawyer.
A cheaper alternative to immigration lawyers are the 400 or so immigration agencies operating throughout the country, some of which, such as the recently accredited Irish Immigration Center in Boston, charge no fees at all.
Categories of immigrationPeople immigrating to the US are divided by immigration law into categories, such as immediate relatives, family-sponsored and employment-based immigrants, diversity immigrants, special immigrants and investors, as described below:
Immediate Relatives:Immediate relatives are entitled to permanent residence withoutnumerical limitation. They include the spouse (or a recent widow or widower), and unmarried children under 21 of a US citizen, and the parents of a US citizen who’s over 21. Immediate relatives include step-parents and step-children, provided the marriage that created the relationship took place before the child’s 18th birthday, and foreign children adopted before their 16th birthdays.
Preference Categories:Preference categories are those with annual numerical limitations (quotas) on the number of people who may enter as permanent residents. Preference categories are further divided into family-sponsored immigrants and employment-based immigrants, as described below:
Family-Sponsored Immigrants:Relatives of US citizens and of permanent resident aliens (referred to as preference relatives) are limited. Immediate relatives (see above) are included in this number. Preference relatives are divided into the following four categories:
Employment-Based Immigrants:Employment-based immigrants are divided into the following five groups:
In addition to the quotas for each category there are limits on certain sub-preferences, some of which are based on formulas which change each year. Please refer to a US Embassy for current details.
Visa
applicationsHow to apply for an immigrant visa
The application procedure and documentation for immigrant visas varies according to the immigrant category and the procedures of the local US embassy or consulate. Once your petition has been accepted you should receive a package of information from your local US consulate.
Follow the instructions in this packet carefully, especially those related to how and where to pay the visa application fee (around $335)! Most consular offices outside the US can no longer accept visa applications by mail, unless the applicant is under 13 or over 80.
All visa applicants are now required to have a face to face interview with a consular official, and these interviews can take anywhere from five minutes to two hours or more. The waiting period for scheduling visa immigrant interviews varies by consulate, anywhere from a few weeks to several months. Applicants are required to swear or affirm to the truth and accuracy of the visa application (form DS-230), and to submit certain documentary evidence to establish their eligibility for the visa.
Documents required include your passport, birth certificate, marriage certificate, photographs, evidence of financial support, the form you received from the USCIS notifying you that your petition was approved (form I-797), police certificates, military records and a letter from your prospective employer (as applicable).
Supporting documents not in English must often be translated, but this is part of the instruction package. You’re also expected to have had a medical examination and bring all your immunisation records with you to the interview, as well as receipts showing that the various fees have been correctly paid.
Proof of incomeIf you have convictions for any criminal offences, including some driving offences, you may be required to provide official court records or a letter from the court giving details of the offence and the penalty imposed. You may also be required to prove that you won’t become a ‘public charge’, i.e. that you have sufficient funds to support yourself in the US. You require documentary evidence, in duplicate, that you have sufficient funds to provide for yourself and your family or that you will have employment which will provide an adequate income.
The proof required varies, but includes bank statements and a letter from your bank, ownership of property or investments, and income from investments or royalties. Your sponsor must have executed anAffidavit of Support and you should have a copy of the receipt showing that this has been filed.
Medical examinationThe cost of the medical examination must be borne by the visa applicant and varies according to the country, e.g. GB£85. If you successfully pass the interview (which may consist of a few innocuous questions only or a third degree, particularly if you were born in one of the countries considered by the US government to be a ‘state sponsor of terrorism’) and the medical examination and are over 14, you’re finger-printed (those under 14 are finger-printed within 30 days of their 14th birthday).
There’s a fee for the fingerprinting, which includes a search of FBI records to make sure aren’t wanted already in the US! If all goes well, and your application is approved, you receive your ticket to paradise – the coveted green card – usually at the end of the same day as the interview. From the date your sponsor submits the petition on your behalf, you should expect to wait between six and nine months to obtain a green card, although it can take longer if the application is a ‘difficult’ one.
Applications for a green cardIf you apply for a green card (to ‘adjust status’) while in the US, it’s possible to obtain permission to travel abroad while waiting for a reply by applying for ‘advance parole’. However, unless it’s a matter of life and death, it isn’t recommended and should never be undertaken without taking legal advice. If your application for an immigrant visa is denied and you believe that it hasn’t been treated fairly, you can sometimes make an appeal. If this fails, you may have the option of a final appeal to the Board of Immigration Appeals in Washington. If all else fails, you can take your case to the federal court. However, an appeal should usually be made only with the assistance of an immigration lawyer.
Once you’ve been issued with an immigrant visa, you must enter the US within six months; otherwise it expires. When you have a green card you shouldn’t remain outside the US for longer than a year without obtaining prior authorisation from the USCIS. If you remain abroad for more than a year or make your permanent home in another country, your green card is cancelled (unless you’ve obtained a re-entry permit, allowing an absence of up to two years). In this case, you must apply at a US embassy or consulate for a special immigrant visa as a returning resident and prove that you didn’t intend to abandon your residence when you left the US.
The American job market in perspective
Contrary to popular belief, America does not welcome the poor of the world but is interested in people with money, education and professional training. Bear in mind that although America is the richest country in the world, it has a very high level of poverty, so there are already more than enough people looking to do simple jobs for basic salaries.
The main problem facing most people wishing to work in the US is not finding a job but obtaining a work visa. Historically, the USA has drawn much of its economic success from attracting some of the world’s most intelligent and educated people. In contrast with Europe, humanitarian reasons are secondary in the decision of whether you’re invited to the party or not. So, according to the American view, if you live in poverty in you own country you might as well stay there.
Getting a job as a foreignerCurrently a high unemployment rate and difficult economic conditions mean that it is not easy for a foreigner to get a job in America. According to recent reports by the Department of Labor Bureau of Labor Statistics (2004) the average length of unemployment is about 5 months.
Being a foreigner is potentially a disadvantage in some industries and with some employers. If you do not have a working knowledge of English, your employment possibilities are very limited. If you are looking for work in retail, restaurants, bars or teaching foreign languages, things can be a little bit easier. We don’t wish to discourage anybody from looking for work in the United States, but just don’t assume it is going to be easy.
The American wayIf you do have the fortune to get in, be prepared to work hard for what you get. For an American company, you’re just another production factor which is rated by its rate of productivity. Corporate social responsibility is talked about a lot on economic forums and the like but the reality can be quite different.
Job security is now regarded as a thing of the past and most corporations regard their employees as disposable resources to be exploited and discarded at will (in return, many employees regard the companies they work for the same way). Unlike European companies, US companies aren’t liable for any redundancy payment and can lay off workers quickly when business is bad. This ‘hire and fire’ policy is part of the American way of life, so if you are looking for a cozy work environment, the USA might not be the right place.
Finding work
How to look for a job in the U.S.
There are lots of places to look for jobs in America and many can be contacted before you arrive. To get you started, we have gathered some of the more effective resources.
Newspapers & Magazines: Job offers are posted in the classified sections of daily newspapers (often in Sunday issues), in weekly newspapers, monthly magazines (such as city magazines) and specialized trade magazines and journals. If you search for a highly qualified or academic job at a national level, you should look for the Saturday editions of national daily newspapers such as the New York Times (www.nytimes.com ) or the Washington Post(www.washingtonpost.com ). If you are looking for a more standard job try the local papers, which often carry work advertisements.
Internet: In recent years the internet has become one of the most important tools for job searches in the US, and online applications are now the preferred means of applying for work, especially among young people and graduates. Most online recruitment websites allow customized searches where you can specify the sector and even the region where you wish to work. You can also place your CV on numerous websites so that companies looking for specific skills can contact you.
The list of job portals seems endless but some of the most important ones include www.careerbuilder.com , www.careers.org ,www.hotjobs.com , www.jobcenter.com , www.jobweb.com andwww.jobtrak.com , an organization that tracks job listings for university graduates. In recent years the expensive company listings on these portals have had to compete with free classified portals such as Craigs List (www.craigslist.org ), where you can find a growing number of jobs.
State employment service centers: There are some 2,000 local Employment Service Centers spread across the US. These centers are operated by the US Employment Service and provide extensive databases of job offers, free counseling, training and other types of support. Unfortunately many of the job offers at these centers are for unskilled or semi-skilled workers. Companies looking for executive positions usually prefer to place their own job advertisement or will hire a private job agent. You can find the address of the nearest employment service center in the Yellow Pages.
Private recruiting agencies and headhunters: Private job agencies play an important role in the American labor market, especially for highly qualified jobs and senior positions (according to estimates, some 70 per cent of top level executives are hired through headhunters). Most employment agencies specialize in certain job profiles or industry sectors and are paid for by the employer, often with a variable compensation in case of employment. Some agencies request a fee from job applicants – however, these can be rather dubious firms that offer very little value for money. Before paying any fee to an employment agency, make sure you understand exactly what you get for your cash and whether the agency is licensed by a state or local government. In general, we do not recommend you to pay for any services as good recruitment agencies will usually be paid by the employer.
Employment agencies: Some agencies make their money by contracting or hiring workers and ‘renting’ them out to employers, mostly on a temporary basis. The employment agency usually takes around 10 to 20 percent of your salary as a margin. We do not recommend that you pay any upfront fees in this situation.
Career fairs: A good way to get an overview of the American job market is to visit a career fair. These fairs usually host a range of employers and often concentrate on a specific sector. For some fairs you have to apply in advance by sending in your CV. Employers will then study the CVs and decide who they want to see. Besides getting general information on employment in different companies, it is often possible to set up interviews in advance. There are also quite a few career fairs on university campuses, but first check if you have to be a student to attend.
Speculative applications: If you are interested in working for a specific company then you can send a speculative application. This is quite common in the United States of America and worth trying. The personnel departments file these applications, and if a position becomes available they check these applications before advertising the position or contacting agencies.
Personal Applications: In some cases (especially for less qualified jobs), you might just go to a potential employer and try to introduce yourself personally. This approach usually leads to one of the following scenarios: (a) you get kicked straight out of the door or (b) your hands-on approach is seen as having initiative and your details are filed for future job openings.
Chambers of Commerce: You can also contact the international chamber of commerce of your home country in the U.S. Chambers of commerce often get requests from companies trying to fill a position with someone from their country, and some of them also have a database of current vacancies. Many chambers of commerce also have a list of companies from your home country with business links in America. Since these offices often need expatriates in the U.S., it can be worthwhile sending them a speculative application.
Networking: Networking remains the Number One method of finding a job. Our advice is to take advantage of every possible contact that you have, from friends, colleagues, classmates or even your landlord. Even the most casual acquaintances can sometimes point you towards a potential job lead. Persistence and confidence are vital ingredients to a successful job search.
T he notion that the US is a nation of immigrants is something of an illusion, as only 11 per cent of US residents are foreign-born, roughly the same as the UK and France, but less than Canada, Switzerland and Australia. However, in terms of numbers, the US is way ahead of the field, with official immigration running at up to a million a year.
In the ’90s, more immigrants came to live in the United States than in any decade in the nation’s history.
However, in the wake of the terrorist attacks of September 11th 2001 there have been several changes to visa and immigration policies (e.g. new countries have been added to the list of high-risk countries regarding terrorism), and in some categories visa applications have decreased as requirements have been tightened. Nevertheless, it’s estimated that over 7 million visas have been issued annually in recent years for entry into the United States.
Requirements for entering the US
With the exception of certain visitors, all non-resident foreigners wishing to enter the US require a visa, even those just in transit on their way to another country. The US issues a bewildering range of visas which are broadly divided into immigrant (permanent resident) and non-immigrant (temporary resident) visas. An immigrant visa gives you the right to travel to the US to live and work there (and change jobs freely) on a permanent basis, with the possibility of qualifying for US citizenship after five years’ residence.
A non-immigrant visa allows you to travel to the US on a temporary basis, e.g. from six months to five years, and in certain cases to accept employment. Work permits aren’t issued, as the appropriate visa serves the same purpose. A visa does not give you the right to enter the US, only to travel there for a specified purpose. This is because visas are issued by the Consular section of the Department of State, which only has the authority to pre-approve foreigners for travel. The Consular services issue 4 million visas annually.
For many years, the US immigration and naturalisation laws were enforced by the Immigration and Naturalization Service (INS) of the United States Department of Justice. After the terrorist attacks, the Department of Homeland Security (DHS) was created to co-ordinate the various services connected with national security.
On 1st March 2003, the old INS became three new departments under the DHS: the US Citizenship and Immigration Service (USCIS), which handles the various immigration statuses and permits once an immigrant has been admitted to the country, Immigrations and Customs Enforcement (ICE), responsible for immigration-related investigations, detentions, deportation and the new registration system for students and exchange visitors (SEVIS), and Customs and Border Protection (CBP), which patrols the borders and entry points (and decides whether or not to admit arriving foreigners with a visa).
Like the old INS, the USCIS maintains four regional service centres and more than 60 local offices throughout the US. Once admitted into the country by the CBP, it’s now the job of the USCIS and the ICE to register and track all the various foreigners, make sure they’re complying with the terms of their visas, and (especially) to make sure they go back home or at least leave the US when they’re supposed to!
No guarantee of entry
Possession of a visa isn’t a guarantee of entry into the US. Entry into the country is strictly controlled and anyone who doesn’t comply with immigration requirements (including being able to prove that they’re indeed in compliance with the terms of their visa), can be fined, jailed or deported. In general, the US attempts to restrict entry of undesirables, i.e. anyone who’s a threat to the health, welfare or security of the US (of which it clearly already has more than its fair share).
Only holders of visas permitting employment may work in the US. Holders of other categories of visas may not accept employment, even informal work in a household as a nanny, au pair or mother’s helper. Your passport must usually be valid for a minimum of six months after the termination of your planned stay. If your passport is close to its expiry date, you should renew it before travelling to the US.
There are many books that describe immigration procedures in detail including Immigrating to the USA by Dan P. Danilov (Staff Counsel Press), Immigration Questions and Answers by Carl R. Baldwin (Watson-Guptill) and The Immigration Handbook by Henry G. Liebman (First Books, Inc.). Further information is available on State Department websites (www.state.gov andhttp://travel.state.gov ) and on the USCIS website (www.uscis.gov).
In May 2006, an anti-terror agreement under which European airlines provide US law enforcement agencies with detailed information about passengers travelling to the US, was overturned by the European Court of Justice. However, the ruling did not annul the substance of the agreement and data collection under the current terms, which will continue until September 30th to give US and European officials time to find a solution to the legal problem.
Immigration is a complex subject and the information contained in this chapter is subject to change, and is intended as a general guide only (particular quotas). You shouldn’t base any decisions or actions on the information contained herein without first confirming it with an official and reliable source, such as an American Embassy.
Immigration visas for the US
Categories and quotas
An immigrant visa bestows upon the holder the status of a permanent resident. It comprises a stamp placed in your passport by an American embassy or consulate outside the US (as with non-immigrant visas), which allows you to enter the US to take up permanent residence.
Holders of immigrant visas are issued with an Alien Registration Receipt Card, popularly referred to as a green card (although it’s now pinkish-blue), consisting of a plastic identification card with your photo, thumb print and signature on the front. A green card serves as a US entry document for permanent residents returning to the US after a period abroad.
There are two ways most people can obtain a green card, through blood ties (or marriage) as an immediate or close relative of a US citizen or permanent resident, or through employment. Green cards are issued on a preferential basis and this can involve waiting many years, as only a limited number are issued each year. Immigrant visas give holders the right to live and work in the US (and change jobs freely) on a permanent basis and confers eligibility for US citizenship after three years for spouses of US citizens and five years for all others.
The main difference between the rights of a permanent resident and those of a US citizen is that a permanent resident, although having all the responsibilities of a US citizen, is ineligible for certain welfare benefits, including some Medicaid and Social Security insurance benefits. Green cards are valid for ten years and cannot be withdrawn, provided the holder doesn’t abandon his US residence or commit certain crimes.
Criteria for getting an immigrant visaBefore applying for an immigrant visa you must establish that you fulfil the criteria for whatever category of visa you’re applying for. Provided you qualify, you may apply for an immigrant visa under more than one category. When applying for an immigrant visa (and some non-immigrant visas) it may be advisable to employ the services of a qualified and experienced immigration lawyer, although it isn’t always necessary.
It depends on each case, although the procedure can be complicated and the rules and regulations change frequently. Many visa applications are rejected each year because the paperwork is incorrect, e.g. the wrong information has been provided, a form hasn’t been completed correctly, the wrong visa application has been made, or a lawyer hasn’t made the correct approach to the authorities. If someone makes an application on your behalf, you should, at the very least, check that the information provided is correct in every detail. If your application is rejected (for any reason) you’re less likely to be granted a visa by appealing or re-applying, so it’s vital to get it right first time.
Immigration lawyersThere are literally thousands of immigration lawyers in the US and abroad, many of whom specialise in certain categories of immigrants only, e.g. those with lots of money to pay their fees. Lawyers’ fees depend on the complexity of the case and range from $250 for a simple consultation to between $5,000 and $10,000 for a complex application involving a lot of work. You should engage a lawyer who’s been highly recommended or who has a good reputation, as incompetent and dishonest lawyers aren’t unknown.
The most reliable source of information on US lawyers is said to be the Martindale-Hubbell list, which includes a rating of each lawyer. The ratings can be viewed on www.lawyers.com. No lawyer, however much you pay him, can guarantee that your application will be approved. Ensure that you know exactly how much you must pay and the exact services you will receive in return for your money. If you wish to appeal successfully against a refusal to grant you a visa or green card, you must probably engage the services of an immigration lawyer.
A cheaper alternative to immigration lawyers are the 400 or so immigration agencies operating throughout the country, some of which, such as the recently accredited Irish Immigration Center in Boston, charge no fees at all.
Categories of immigrationPeople immigrating to the US are divided by immigration law into categories, such as immediate relatives, family-sponsored and employment-based immigrants, diversity immigrants, special immigrants and investors, as described below:
Immediate Relatives:Immediate relatives are entitled to permanent residence withoutnumerical limitation. They include the spouse (or a recent widow or widower), and unmarried children under 21 of a US citizen, and the parents of a US citizen who’s over 21. Immediate relatives include step-parents and step-children, provided the marriage that created the relationship took place before the child’s 18th birthday, and foreign children adopted before their 16th birthdays.
Preference Categories:Preference categories are those with annual numerical limitations (quotas) on the number of people who may enter as permanent residents. Preference categories are further divided into family-sponsored immigrants and employment-based immigrants, as described below:
Family-Sponsored Immigrants:Relatives of US citizens and of permanent resident aliens (referred to as preference relatives) are limited. Immediate relatives (see above) are included in this number. Preference relatives are divided into the following four categories:
- F-1 (First Preference) – Unmarried children of US citizens and their children;
- F-2 (Second Preference) – Spouses, children, and the unmarried children of green card holders. At least 75 per cent of all visas in this category go to spouses and children, the remainder being allocated to older unmarried sons and daughters;
- F-3 (Third Preference) – Married children (of any age) of US citizens and their spouses and children;
- F-4 (Fourth Preference) – Brothers and sisters of US citizens and their spouses and children, provided the US citizen is over 21 years of age;
Employment-Based Immigrants:Employment-based immigrants are divided into the following five groups:
- E-1 (Priority Workers) – People of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and certain multinational executives and managers;
- E-2 (Members of the Professions) – Professionals holding advanced degrees or baccalaureate degrees plus at least five years of progressive experience in their field, and people of exceptional ability in the sciences, arts and business, e.g. professors and researchers;
- E-3 (Professionals, Skilled and Unskilled Workers) – Professionals holding baccalaureate degrees, skilled workers with at least two years’ experience, and other workers whose skills are in short supply.
- E-4 (Special Immigrants) – Special immigrants include religious workers and ministers of religion, employees of certain international organisations and their immediate family members, specially qualified and recommended current and former employees of the US government and returning residents;
- E-5 (Investors) – People who create employment for at least ten full-time American workers (not family members) by investing capital in a new commercial enterprise in the US. The minimum amount of capital required is usually $500,000.
In addition to the quotas for each category there are limits on certain sub-preferences, some of which are based on formulas which change each year. Please refer to a US Embassy for current details.
Visa
applicationsHow to apply for an immigrant visa
The application procedure and documentation for immigrant visas varies according to the immigrant category and the procedures of the local US embassy or consulate. Once your petition has been accepted you should receive a package of information from your local US consulate.
Follow the instructions in this packet carefully, especially those related to how and where to pay the visa application fee (around $335)! Most consular offices outside the US can no longer accept visa applications by mail, unless the applicant is under 13 or over 80.
All visa applicants are now required to have a face to face interview with a consular official, and these interviews can take anywhere from five minutes to two hours or more. The waiting period for scheduling visa immigrant interviews varies by consulate, anywhere from a few weeks to several months. Applicants are required to swear or affirm to the truth and accuracy of the visa application (form DS-230), and to submit certain documentary evidence to establish their eligibility for the visa.
Documents required include your passport, birth certificate, marriage certificate, photographs, evidence of financial support, the form you received from the USCIS notifying you that your petition was approved (form I-797), police certificates, military records and a letter from your prospective employer (as applicable).
Supporting documents not in English must often be translated, but this is part of the instruction package. You’re also expected to have had a medical examination and bring all your immunisation records with you to the interview, as well as receipts showing that the various fees have been correctly paid.
Proof of incomeIf you have convictions for any criminal offences, including some driving offences, you may be required to provide official court records or a letter from the court giving details of the offence and the penalty imposed. You may also be required to prove that you won’t become a ‘public charge’, i.e. that you have sufficient funds to support yourself in the US. You require documentary evidence, in duplicate, that you have sufficient funds to provide for yourself and your family or that you will have employment which will provide an adequate income.
The proof required varies, but includes bank statements and a letter from your bank, ownership of property or investments, and income from investments or royalties. Your sponsor must have executed anAffidavit of Support and you should have a copy of the receipt showing that this has been filed.
Medical examinationThe cost of the medical examination must be borne by the visa applicant and varies according to the country, e.g. GB£85. If you successfully pass the interview (which may consist of a few innocuous questions only or a third degree, particularly if you were born in one of the countries considered by the US government to be a ‘state sponsor of terrorism’) and the medical examination and are over 14, you’re finger-printed (those under 14 are finger-printed within 30 days of their 14th birthday).
There’s a fee for the fingerprinting, which includes a search of FBI records to make sure aren’t wanted already in the US! If all goes well, and your application is approved, you receive your ticket to paradise – the coveted green card – usually at the end of the same day as the interview. From the date your sponsor submits the petition on your behalf, you should expect to wait between six and nine months to obtain a green card, although it can take longer if the application is a ‘difficult’ one.
Applications for a green cardIf you apply for a green card (to ‘adjust status’) while in the US, it’s possible to obtain permission to travel abroad while waiting for a reply by applying for ‘advance parole’. However, unless it’s a matter of life and death, it isn’t recommended and should never be undertaken without taking legal advice. If your application for an immigrant visa is denied and you believe that it hasn’t been treated fairly, you can sometimes make an appeal. If this fails, you may have the option of a final appeal to the Board of Immigration Appeals in Washington. If all else fails, you can take your case to the federal court. However, an appeal should usually be made only with the assistance of an immigration lawyer.
Once you’ve been issued with an immigrant visa, you must enter the US within six months; otherwise it expires. When you have a green card you shouldn’t remain outside the US for longer than a year without obtaining prior authorisation from the USCIS. If you remain abroad for more than a year or make your permanent home in another country, your green card is cancelled (unless you’ve obtained a re-entry permit, allowing an absence of up to two years). In this case, you must apply at a US embassy or consulate for a special immigrant visa as a returning resident and prove that you didn’t intend to abandon your residence when you left the US.
The American job market in perspective
Contrary to popular belief, America does not welcome the poor of the world but is interested in people with money, education and professional training. Bear in mind that although America is the richest country in the world, it has a very high level of poverty, so there are already more than enough people looking to do simple jobs for basic salaries.
The main problem facing most people wishing to work in the US is not finding a job but obtaining a work visa. Historically, the USA has drawn much of its economic success from attracting some of the world’s most intelligent and educated people. In contrast with Europe, humanitarian reasons are secondary in the decision of whether you’re invited to the party or not. So, according to the American view, if you live in poverty in you own country you might as well stay there.
Getting a job as a foreignerCurrently a high unemployment rate and difficult economic conditions mean that it is not easy for a foreigner to get a job in America. According to recent reports by the Department of Labor Bureau of Labor Statistics (2004) the average length of unemployment is about 5 months.
Being a foreigner is potentially a disadvantage in some industries and with some employers. If you do not have a working knowledge of English, your employment possibilities are very limited. If you are looking for work in retail, restaurants, bars or teaching foreign languages, things can be a little bit easier. We don’t wish to discourage anybody from looking for work in the United States, but just don’t assume it is going to be easy.
The American wayIf you do have the fortune to get in, be prepared to work hard for what you get. For an American company, you’re just another production factor which is rated by its rate of productivity. Corporate social responsibility is talked about a lot on economic forums and the like but the reality can be quite different.
Job security is now regarded as a thing of the past and most corporations regard their employees as disposable resources to be exploited and discarded at will (in return, many employees regard the companies they work for the same way). Unlike European companies, US companies aren’t liable for any redundancy payment and can lay off workers quickly when business is bad. This ‘hire and fire’ policy is part of the American way of life, so if you are looking for a cozy work environment, the USA might not be the right place.
Finding work
How to look for a job in the U.S.
There are lots of places to look for jobs in America and many can be contacted before you arrive. To get you started, we have gathered some of the more effective resources.
Newspapers & Magazines: Job offers are posted in the classified sections of daily newspapers (often in Sunday issues), in weekly newspapers, monthly magazines (such as city magazines) and specialized trade magazines and journals. If you search for a highly qualified or academic job at a national level, you should look for the Saturday editions of national daily newspapers such as the New York Times (www.nytimes.com ) or the Washington Post(www.washingtonpost.com ). If you are looking for a more standard job try the local papers, which often carry work advertisements.
Internet: In recent years the internet has become one of the most important tools for job searches in the US, and online applications are now the preferred means of applying for work, especially among young people and graduates. Most online recruitment websites allow customized searches where you can specify the sector and even the region where you wish to work. You can also place your CV on numerous websites so that companies looking for specific skills can contact you.
The list of job portals seems endless but some of the most important ones include www.careerbuilder.com , www.careers.org ,www.hotjobs.com , www.jobcenter.com , www.jobweb.com andwww.jobtrak.com , an organization that tracks job listings for university graduates. In recent years the expensive company listings on these portals have had to compete with free classified portals such as Craigs List (www.craigslist.org ), where you can find a growing number of jobs.
State employment service centers: There are some 2,000 local Employment Service Centers spread across the US. These centers are operated by the US Employment Service and provide extensive databases of job offers, free counseling, training and other types of support. Unfortunately many of the job offers at these centers are for unskilled or semi-skilled workers. Companies looking for executive positions usually prefer to place their own job advertisement or will hire a private job agent. You can find the address of the nearest employment service center in the Yellow Pages.
Private recruiting agencies and headhunters: Private job agencies play an important role in the American labor market, especially for highly qualified jobs and senior positions (according to estimates, some 70 per cent of top level executives are hired through headhunters). Most employment agencies specialize in certain job profiles or industry sectors and are paid for by the employer, often with a variable compensation in case of employment. Some agencies request a fee from job applicants – however, these can be rather dubious firms that offer very little value for money. Before paying any fee to an employment agency, make sure you understand exactly what you get for your cash and whether the agency is licensed by a state or local government. In general, we do not recommend you to pay for any services as good recruitment agencies will usually be paid by the employer.
Employment agencies: Some agencies make their money by contracting or hiring workers and ‘renting’ them out to employers, mostly on a temporary basis. The employment agency usually takes around 10 to 20 percent of your salary as a margin. We do not recommend that you pay any upfront fees in this situation.
Career fairs: A good way to get an overview of the American job market is to visit a career fair. These fairs usually host a range of employers and often concentrate on a specific sector. For some fairs you have to apply in advance by sending in your CV. Employers will then study the CVs and decide who they want to see. Besides getting general information on employment in different companies, it is often possible to set up interviews in advance. There are also quite a few career fairs on university campuses, but first check if you have to be a student to attend.
Speculative applications: If you are interested in working for a specific company then you can send a speculative application. This is quite common in the United States of America and worth trying. The personnel departments file these applications, and if a position becomes available they check these applications before advertising the position or contacting agencies.
Personal Applications: In some cases (especially for less qualified jobs), you might just go to a potential employer and try to introduce yourself personally. This approach usually leads to one of the following scenarios: (a) you get kicked straight out of the door or (b) your hands-on approach is seen as having initiative and your details are filed for future job openings.
Chambers of Commerce: You can also contact the international chamber of commerce of your home country in the U.S. Chambers of commerce often get requests from companies trying to fill a position with someone from their country, and some of them also have a database of current vacancies. Many chambers of commerce also have a list of companies from your home country with business links in America. Since these offices often need expatriates in the U.S., it can be worthwhile sending them a speculative application.
Networking: Networking remains the Number One method of finding a job. Our advice is to take advantage of every possible contact that you have, from friends, colleagues, classmates or even your landlord. Even the most casual acquaintances can sometimes point you towards a potential job lead. Persistence and confidence are vital ingredients to a successful job search.
