Immigration Laws Of United States – Your Journey Towards Success

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September 27, 2018
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Moving out of your comfort zone may be one of the toughest choices a person ever makes. But remember, your comfort zone can be a great place to be, but unfortunately nothing grows there.

Be it the work culture of global MNC’s that appeal to us, the opportunity to work for an internationally acclaimed organization, or the chance to be a part of a renowned institute, the United States, being the economic powerhouse, has a lot to offer.

The beautiful cities that never sleep, the cultural diversity which will make your head spin, and a bright future which lies ahead awaits you as you get the chance to move to the United States.

However, before you take this next big step, you need to ensure that you are well-informed regarding the immigration laws. They are strict, and any violation may lead to serious consequences. With that being said, the laws are absolutely transparent and formed with the sole intention to ensure that the best minds immigrate to the States and further contribute towards its growth.

Starting with the basics, document verification is an essential part of applying for a work permit or Visa. The consulate checks the financial stability of the applicants and their sponsors. Also, the educational qualifications of the applicant and the requirement of a Visa are carefully scrutinized. You should ensure that your application has the most correct and up to date information.

Here are a few detailed things you need to know:

Categories under Which A Person can immigrate

Family-based Immigration:

As family unification is one of the principles of Immigration laws, a good amount of visas are granted in two categories. The petitioner must be over 21 years of age.

Immediate relative: Immediate relatives of U.S citizens; spouse, minor children, and parents of the citizen.

Family Preference: Adult children, siblings of U.S citizens. The number of visas is limited.

In 2014, Family-based immigration contributed to 64% of all the new LPRs (Lawful permanent residents).

Immigration Laws Of United States – Your Journey Towards Success 1Employment-based Immigration

Another principle of the Immigration law is to bring valuable workers that can contribute to the economy of the country. The categories for employment are:

  • Permanent (Immigrants) workers: People who are permitted to live and work in the U.S. There’s a limit of 140,000* for the number of immigrants that are accepted every year.
  • Temporary (Non-Immigrants) workers: These people settle in the country for employment for a particular duration of time. They have less freedom when it comes to changing jobs. There are more than 20 types of temporary visas a person can apply. The reason varying from an intra-company transfer, religious workers, to people with extraordinary abilities.

Immigration Laws Of United States – Your Journey Towards Success 2Refugees and Asylee:

The U.S government also provides sanctuary to people who can’t go back to their country due to “Fear of prosecution” based on their religion, race, membership in a particular social group, political opinion, or country of origin. The number of refugees accepted is decided by the President, in consultation with the Congress.

Asylum is provided to people already in the country seeking protection due to the same five protected ground, as refugees. The application is done at the port while entering the country or 1 year within arrival.

Humanitarian Relief

Temporary Protected Status (TPS) is granted to people who are in the United States seeking safe haven from a natural calamity or an “on-going” arms conflict. The duration of stay is about 12-18 months which can be extended if the danger is still present.

Deferred Enforced Departure (DED) provides protection from deportation for people whose counties are unstable, making their return dangerous.

Immigration Laws Of United States – Your Journey Towards Success 3Students and Exchange visitors

Students under circumstances may be allowed to work in the U.S. The permission of the authorized official from the institution is mandatory.

If you are a student aspiring to study at Harvard or MIT, then join the race.

1. Scores in GRE and TOEFL are to be high. These tests are not easy to crack without practice. Applicants with more TOEFL scores have a better chance of getting into a top institute.

2. GRE is the examination for admissions into the postgraduate courses of institutions.

3. A good GRE and TOEFL score can help you get into the Ivy League colleges that are distinguished in the field of academic endeavors.

4. These exams require a minimum cognitive ability, which is achieved with practice. There are many resources and study can help one develop ability progressively with daily tests and scores for instant review. Reputed online test preparation sites might just do the trick. They provide you sample papers to solve and personalized learning material, which is highly beneficial.

The work culture in the States is process driven and runs on delivering valuable output within the deadline. No one questions your presence in the office if you deliver high quality work on time. Working from home is not frowned upon and is sometimes encouraged, as the employee saves time traveling and works in a relaxed environment. Productivity is valued over everything else.

The work laws in the U.S are also a significant reason why people seek employment in this country. These laws govern the rights and duties between an employer and employee, mainly to protect the employee from unjust treatment while also protecting the employer’s interests.

Work laws: Where reputed MNCs differ from their counterparts?

1. “At will”: The relationship between the employer and employee is presumed to be at will, and any party is free to terminate the job at any time and for any reason. If the employee has entered into an employment contract, then this can be waivered. The employer cannot terminate the position on bad faith or matter involving public policy.

2. Wages and hours: The numbers of working hours are strictly fixed by the law.

Immigration Laws Of United States – Your Journey Towards Success 43. Employee benefits: Reputed MNC’s provide their employees with benefits such as Sick Leave (SL), Casual Leave (CL) and Earned Leave (EL). There are leaves granted for Family and Illness, personal days, Educational Leaves of Absence with Pay, Parental Leave, Short Term Disability, funeral leave, and many more. The most basic of benefits are enforced by the government.

Under the reign of President Trump, the screening process has become stricter. The permanent visa which was initially given in lottery to increase cultural diversity of the country has now been replaced by a system that analyses applicants by merit and their possible contribution to the revenue of the state.

The Verdict:

With the changes in the Immigration laws that are being implemented, there’s a drastic decrease in the number of visas that are given to immigrants from South Asian countries. The present reforms focus on bringing in a skilled workforce that contributes to the country’s economy.

However, nothing has changed for someone talented who wishes to immigrate to the States in search of a better future.


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