Under Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, the Department of Homeland Security (DHS) collects current information from nonimmigrant students and exchange visitors continually during their course of stay in the United States to preserve national security. The Student and Exchange Visitor Information System (SEVIS) is a web-based system...
Under section 212(d)(5)(A) of the Immigration and Nationality Act (INA), humanitarian parole is used sparingly to bring an otherwise inadmissible individual into the United States for a temporary period of time due to urgent humanitarian reasons or significant public benefit. U.S. Citizenship and Immigration Services (USCIS) may grant parole temporarily: To anyone applying for admission into the...
The congressionally mandated Diversity Immigrant Visa Program is administered annually by the Department of State and selectees are drawn from a randomized computer drawing. Up to 55,000 diversity visas (DVs) are available annually among all entries for persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. A total of 50,000 diversity...
In October 2000, Congress created the “T” nonimmigrant status (T Visa) by passing the Victims of Trafficking and Violence Protection Act (VTVPA). The T Visa allows victims to remain in the United States and assist law enforcement authorities in the investigation or prosecution of severe human trafficking cases. Preying on underprivileged, unemployed individuals, human traffickers often take...
Consideration of Deferred Action for Childhood Arrivals (DACA): On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and may be eligible for employment authorization. As the Department of Homeland...
Who May Qualify for H-2B Classification? The H-2B program allows U.S. employers who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary non-agricultural jobs. To qualify for H-2B nonimmigrant classification, the petitioner must establish that: There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary...
The Violence Against Women Act (VAWA) under the Immigration and Nationality Act (INA) allows battered spouses (both women and men), parents, and children of abusive U.S. citizens or legal permanent residents to petition for legal status without relying on the immigration sponsorship of their abusive family members. The VAWA provisions are permanent and do not require congressional...
In October 2000, Congress created the U visa with the passage of the Victims of Trafficking and Violence Protection Act. The U visa provides nonimmigrant status and is set aside for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. Certain...