Immigration for America has changed most dramatically since the attack on the United States on September 11, 2001. The entire Immigration Nationality Services department was disbanded and replaced with the U.S. Citizenship and Immigration Services (U.S.C.I.S.) under the supervision of the newly organized Department of Homeland Security (D.H.S.) Since the beginning of the U.S. when there was considerable immigration from the UK, there have been gradual changes to limit the number of people who are allowed to enter the United States. With the exception of immigration for Canada, the United States limits immigrant visa numbers available each year and every country has a limited number of people who can receive one.
Immigration for Students
Students who want to study in the United States will need a visa if they plan to study for more than 18 hours a week. The Student and Exchange Visitor Program (SEVP) was created to better monitor the visitors who come to the United States on F, M, and J visas. When applying for a student visa, all applicants will need the following:
- Form I-20 which was provided to you by your school
- A personal interview at the Embassy
- A passport valid for travel to the United States which does not expire until after six months beyond the applicant’s intended stay
- A 2 x 2 photograph
- A receipt for the visa application fee and a separate receipt for the SEVIS fee
Immigration for Spouse
There is no limit to the number of immediate family relatives of United States’ citizens who can receive immigrant visa numbers for permanent residence status. Immediate family members include spouses, children, and parents (if child is 21 or older). Unlike citizens of the United States, limits are in place for relatives of individuals with Permanent Residence status.
Immigration for Kids
Immigration for children is a priority for the U.S. because there is an emphasis on keeping immigrant families together. Children over age 21 or who are married have preferences for getting visa numbers, but will likely have to wait for a visa number to become available.
Immigration for Parents
If you are a U.S. citizen over age 21, you can petition to bring your parents to the United States. The U.S. citizen files a Form I-130 to petition for the parent to come to the U.S. After the parent receives Form I-797, Notice of Action, the parent may file a Form I-485 requesting permanent resident status.
Immigration for Doctor
A foreign medical graduate may come to the U.S. to teach or do research if the doctor has graduated from a medical school and has a license in his/her country. If a doctor wishes to provide patient care, s/he must meet the requirements of an H-1B visa.The following minimum requirements must be met to qualify for an H-1B visa:
- Employer must a United States employer
- The doctor/nurse must possess specialized expertise or knowledge
- There must a shortage of doctors/nurses in the employer’s geographic and medical specialty area
- The doctor/nurse must have licenses or certificates required for the specialty
Immigration for Nurses
There was a classification for immigrant nurses (H-1C) which expired at the end of 2009. Nurses now must meet the requirements above for an H1-B visa. A general RN may not meet the requirement of having specialized knowledge and nurses who have a specific expertise are more likely to meet the requirement.
Immigration Lawyer Help
Any immigrant wishing to work in the United States should seek legal assistance to sort through the requirements for getting permission from the D.H.S. to do so. The immigration laws for doctors and nurses, and their families are complicated and having an immigration lawyer to guide you through the process greatly improves your chances of working in the U.S.
