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Immigration system
India to US
As of 2014, Indian immigrants living in US represented third largest Asian immigrant group by
country of origin. Indian immigrants accounts for more than 3.34 million Indians, living behind
China &Philippines. Indian-Americans grew 76 per cent from 2000 to 2012, a report on
demographics of the Asian-American population released by the Center for American
Progress said. This data might be impressive, but gettingimmigration to US is not that easy.
Let’s try to understand the concept from its basic.
What is Immigration basically?
Movement of people to the foreign country from their native country in order to settle there
permanently or to become future citizens is called as ‘immigration’.Immigrants usually leave
their native countries for a variety of reasons, including a desire for economic prosperity,
political issues, family re-unification, escaping conflict or natural disaster, or simply the wish to
change one's surroundings.It is highly controversial topic in today’s world.
What is Act of Naturalization?
In Accordance with United States, Naturalization Law was passed in March 26, 1790 (1 Stat.
103) which provided the first rules to be followed by the United States in granting of
national citizenship.
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Immigration Law of US:
The Immigration and Naturalization Act (INA), the body of law governing current immigration
policy, provides for an annual worldwide limit of 675,000 permanent immigrants. Immigration to
the United States is based upon the following principles.
1. Family Reunification
Family unification is an important principle governing immigration policy. The family-based
immigration category allows U.S. citizens and lawful permanent residents (LPRs) to bring
certain family members to the United States. There are 480,000 family-based visas available
every year. Family-based immigrants are admitted to the U.S. either as immediate relatives of
U.S. citizens or through the family preference system.
An immediate relative refersto:
o Spouses of U.S. citizens.
o Unmarried minor children of U.S. citizens (under 21 years old).
o Parents of U.S. citizens (petitioner must be at least 21 years old to petition for a
parent).
2. Employment –Based Immigrations
o Temporary Visas
Immigrants with valuable skills can come to the United States on either a permanent or a
temporary basis.
There are more than 20 types of visas for temporary nonimmigrant workers. These include
‘L’ visas for intra-company transfers,
‘P’ visas for athletes, entertainers and skilled performers,
‘R’ visas for religious workers,
‘A’ Visas for diplomatic employees,
‘O’visas for workers of extraordinary ability and
A variety of ‘H’ visas for both highly-skilled and lesser-skilled employment.
The most popular visa among professionals is’ H-1B’ visa. Under dis visa
temporary professionals (for specialty occupations such as doctors, engineers,
physical therapists, computer professionals; must have at least bachelor’s
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degree). A person may hold H1B status for a maximum of six years, and it may
be issued in increments of up to three years by the USCIS. And H4visa is for
dependent such as spouse & child.
Many of the temporary worker categories are for highly skilled workers, and immigrants with a
temporary work visa are normally sponsored by a specific employer for a specific job offer.
Many of the temporary visa categories have numerical limitations as well. The U.S. Citizenship
and Immigration Services (USCIS) website contains a more complete list of temporary worker
categories.
o Permanent Visa
Permanent employment-based immigration is set at a rate of 140,000 visas per year, and these
are divided into 5 preferences, each subject to numerical limitations.
Category 1 qualifies ‘Persons of extraordinary ability’ in the arts, science, education,
business, or athletics; outstanding professors and researchers, some multinational
executives.
Category 2 qualifiesMembers of the professions holding advanced degrees, or persons
of exceptional abilities in the arts, science, or business.
Category 3 qualifiesskilled workers with at least two years of training or experience,
professionals with college degrees, or “other” workers for unskilled labor that is not
temporary or seasonal.
Category 4 qualifiescertain “special immigrants” including religious workers, employees
of U.S. Foreign Service posts, former U.S. government employees and other classes of
aliens.
Category 5 qualifiesPersons who will invest $500,000 to $1 million in a job-creating
enterprise that employs at least 10 full time U.S. workers.
3. Refugees & Asylees
There are several categories of legal admission available to people who are fleeing persecution
or are unable to return to their homeland due to life-threatening or extraordinary conditions.
Refugees are admitted to the United States based upon an inability to return to their home
countries because of a “well-founded fear of persecution” due to their race, membership in a
social group, political opinion, religion, or national origin.
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4. Promoting diversity
The Diversity Visa lottery was created by the Immigration Act of 1990 as a dedicated channel
for immigrants from countries with low rates of immigration to the United States. Although
originally intended to favor immigration from Ireland (during the first three years of the program
at least 40 percent of the visas were exclusively allocated to Irish immigrants), the Diversity Visa
program has become one of the only avenues for individuals from certain regions in the world to
secure a green card(LPR).
To be eligible for a diversity visa an immigrant must have a high-school education (or its
equivalent) or have, within the past five years, a minimum of two years working in a profession
requiring at least two years of training or experience. A computer-generated random lottery
drawing chooses selectees for diversity visas. The visas are distributed among six geographic
regions with a greater number of visas going to regions with lower rates of immigration, and with
no visas going to nationals of countries sending more than 50,000 immigrants to the U.S. over
the last five years.
People from eligible countries in different continents may register for the lottery. However,
because these visas are distributed on a regional basis, the program especially benefits
Africans and Eastern Europeans. According to the lastVisa Bulletin in FY 2014, the majority of
Diversity Visas will go to aspiring immigrants from African countries. While supporters of the
Diversity Visa system underscore the system’s value as the only equal opportunity provider,
opponents tend to emphasize the irrationality of a system that allocates immigrant visas
randomly.
However, a visa does not guarantee entry to the United States. Any kind of visa simply indicates
that a U.S. consular officer has determined that you are eligible to apply for entry to the United
States for a specific purpose.
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Reforms
However, getting an LPR (legal permanent Residency) in US wasnot aneasy job until some
major reforms were not brought in the US Immigration system under Barack Obama’s
Presidency.
Dream Act
For addressing the tragedy of young people who grew up in the United States and have
graduated from US high schools, US government introduces a new reform in the bill under the
immigration law.
Under previous law, these young people generally derive their immigration status solely from
their parents, and if their parents are undocumented or in immigration limbo, most of them have
no mechanism to obtain legal residency, even if they have lived most of their lives in the U.S.
The DREAM Act would provide such a mechanism for those who are able to meet certain
conditions. The latest version of the DREAM Act, also known as the Development, Relief, and
Education for Alien Minors Act, was introduced on May 11, 2011, in the US Senate (S. 952).
What Law states:
Under the DREAM Act, most students who came to the U.S. at age 15 or younger at least five
years before the date of the bill’s enactment and who have maintained good moral character
since entering the U.S. would qualify for conditional permanent resident status upon acceptance
to college, graduation from a U.S. high school, or being awarded a GED in the U.S. Students
would not qualify for this relief if they had committed crimes, were a security risk, or were
inadmissible or removable on certain other grounds. Under the Senate bill qualifying students
must be under age 35, whereas under the House bill they must be under age 32.
o Executive Reform in H-1B Visa
On November 2014, a series of executive actions were announcedby US President Barack
Obama to grant up to 5million unauthorized immigrant’s protection from deportation. He allowed
high-skilled workers to move or change jobs more easily, and streamlines visa and court
procedures, among others.
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Indian immigrants were benefited in several ways. Portable work authorization were being
provided to ‘H’ category which means immigrants from this category waiting in green card
queue can move or change job more easily. The dependent LPR i.e. H4 Visa holder had given
employment authorization.Here dependent from H4 visa will be authorized to work and will be
granted three years at a time. Foreign entrepreneur who meet certain criteria for creating jobs,
attracting investment and generating revenues in the US offered more immigration options.
Apart from this H-1B visa cap is being increased. It increases the visa cap to 198,000,
eliminating the cap on people who earn an advance degree in a STEM (Science, technology,
education and Math) field.This bill makes easier for US advanced degree holder to either get
Green card or H-1B visas.
Some facts about Indian Immigrants in US:
As of 2007, almost half of all lawful India-born residents in the U.S. were originally
granted residency through an employment sponsored visa.
Compared to all immigrants who gained LPR status in 2012, Indians were more likely to
arrive through an employment-based channel.
Nearly 43,000 Indian immigrants became naturalized U.S. citizens in 2012.
Immigration becomes a key issue when your business is expanding. You may probably need to
send your employees to a foreign location or would like to employ a foreign national in your
home country. Such moves require that you and your potential employee comply with
immigration guidelines of a country. These guidelines differ from country to country. It can be
extremely complex especially if you do not have an attorney to walk you through the process.
CrossProf puts you in touch with professionals who understand how immigration works
internationally and can thus guide you through these procedures effortlessly.
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REF:
http://www.migrationpolicy.org/article/indian-immigrants-united-states
http://www.migrationpolicy.org/article/frequently-requested-statistics-immigrants-and-
immigration-united-states
http://articles.economictimes.indiatimes.com/2014-04-24/news/49378115_1_indian-americans-
population-karthick-ramakrishnan
http://articles.economictimes.indiatimes.com/2014-11-23/news/56385190_1_skilled-indians-
immigration-services-us-immigration-reforms
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https://nilc.org/dreamsummary.html
http://www.immihelp.com/usa-visa/
http://www.nytimes.com/interactive/2014/11/20/us/2014-11-20-
immigration.htmhttp://www.nytimes.com/interactive/2014/11/20/us/2014-11-20-immigration.htmll
http://www.computerworld.com/article/2868428/new-h-1b-bill-will-help-destroy-us-tech-
workforce.html