Immigration law is governed exclusively by Federal law. The Federal Immigration
and Nationality Act, as amended, regulates:
- Who can come to (or "enter") the U.S. on a temporary or permanent
basis
- Whom the government can remove (or "deport") from the U.S.
Immigration law is comprised of a very complex web of rules, regulations,
and exceptions. Although our website is designed to provide you with general
information on immigration law, it is extremely important to consult with
legal counsel who is knowledgeable in immigration law before taking any
action. This is advisable not only because immigration law is so complicated
and the consequences of errors can be so great, but also because of rapid
and frequent changes in this area of law.
In order to enter the U.S. a foreign national will need a visa. Visas
are the documents that are necessary when applying to enter the U.S. on
either a temporary (non-immigrant visas) or a permanent (immigrant visas)
basis. Depending upon the type of visa, a person may be allowed to work,
attend school, obtain specialized training, take a vacation, receive medical
treatment, or remain indefinitely. Once a foreign national enters the U.S.
on a visa s/he may be allowed to "change status" or "adjust status" while
in the U.S.. For example:
- A person may enter the U.S. on a student visa and change to a temporary
employment-based visa after completion of studies
- A person may come on a temporary visa and apply for permanent residence
("green card")
There is a program at U.S. Citizenship and Immigration Services which
provides a vehicle to expedite the process of adjudicating certain non-immigrant
petitions The process is known as Premium Processing. Under this program
by paying a $1,000 premium processing fee, the USCIS guarantees that within
15 calendar days, the agency will issue either an approval notice, a notice
of intent to deny, a request for evidence or a notice of investigation for
fraud or misrepresentation. Currently this expedited service is available
to petitioners in the following categories:
- E-1, Treaty Trader
- E-2, Treaty Investor
- H-1B, Temporary Workers in Specialty Occupations
- H-2A, Agricultural Worker
- H-2B Temporary Worker
- H-3 Trainee
- L-1 Intra-Company Transferees
- O-1 and O-2 Foreign nationals of Extraordinary Ability or Achievement
- P-1, P-2, and P-3 Athletes and Entertainers
- Q-1, International Cultural Exchange Foreign nationals
- R-1 Temporary Workers in Religions Occupations
- TN, NAFTA Professionals
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