Immigration Basics

A basic understanding of U.S. immigration concepts and terms is critical for:

• University departments hosting international students, faculty and visiting researchers
• international students
• international faculty, researchers and visiting scholars

The U.S. has over 20 different nonimmigrant statuses, each with specific rules, restrictions, durations, and eligibility requirements. Not every classification can legally work or study in the U.S. These pages are intended to provide brief overviews of key immigration-related concepts.

Things to know about Nonimmigrant Classifications

• Who doesn't need a visa to enter the U.S.?
  • Visa Waiver Program and the Electronic System for Travel Authorization
  • Citizens of Canada
• Who can Study in the U.S.?
  • USCIS Chart of nonimmigrant classifications and work eligiblity
  • Nonimmigrants who can study and Immigration memo on study as a visitor
  • Can undocumented students study?
• Who can get honoraria payments?
  • what about CUA faculty/researchers in non-immigrant statuses?
• Classifications eligible for employment at CUA (assuming CUA sponsored their status)
  • H-1B Temporary workers in Specialty Occupations
  • E-3 Australian Free Trade Agreement
  • J-1 Exchange Visitors
    • J-1 Two-Year Home Residency Requirement and J-1 Waiver Applications
    • Work permission for J-2 dependents
  • O-1
  • TN Professional from Canada or Mexico under North American Free Trade Agreement

Things to know about applying for a nonimmigrant visa to enter the U.S.

• Visa Application Process
  • Nonimmigrant intent vs. Dual intent
  • How long does it take to get a visa appointment
  • Reciprocity agreements between the U.S. and individual countries determine visa cost, how long it is valid and the number of permissible entries
  • photo requirements
  • fingerprint requirements
• Applying for a Visa in Canada or Mexico
• Understanding the difference between a visa and legal U.S. immigration status

Things to know about Entering the United States

• How early can one arrive?
• What to Expect at the port of Entry
• What can I bring to the U.S.?
  • money
  • medicine
  • food
  • etc.
• Customs forms and completing the Form I-94
• Authorized Period of Stay, D/S
• Applying for a Change of Nonimmigrant Status

Things to know about maintaining legal nonimmigrant status in the U.S.

• Filing appropriate Tax Forms, even if no U.S. income is earned
• Reporting Address Changes within 10 days
• Grace Periods for F and J status
• Unauthorized Presence
• Laws governing where you live
• The affects of an arrest
• Things to know about bringing dependents, domestic partners, and extended family to the U.S.
  • Who can study
  • J-2 work permission

Things to know about traveling outside the U.S.

• Maintain valid passport
• Travel to Canada and Mexico
• Travel Signatures (F and J status holders)
• Applying for a visa to enter another country
• Recording your departure from the U.S. (handing in your Form I-94)

Things to know about permanent residency in the United States

• Three primary ways to obtain permanent residency
  • Family
  • Employment
  • Green Card Lottery
• Basic sponsorship process for permanent residency applications based on employment at CUA
  • Step One: Establish Eligiblity - Decide which classification is most appropriate and assemble documentation to show individual qualifies for permanent residency classification sought. If necessary complete Department of Labor's Application for Alien Labor Certification process.
  • Step Two: Seek Classification - Petition USCIS for the specific classification. (Must be approved before application for immigrant status can be processed.)
  • Step Three: Apply to be an Immigrant - individual applies to become an immigrant either through Application for Adjustment of Status (if inside the US) or for immigrant visa interview at U.S. consulate outside the U.S.
    • Filing Steps Two and Three concurrently
    • travel while getting permanent residency
    • working while getting permanent residency
    • affidavits in lieu of birth certificate
    • The importance of the priority date
• The shifting role of ISSS during the permanent residency sponsorship process.

Things to know after obtaining permanent residency

• Maintaining legal permanent residency
• Naturalization requirements to become U.S. citizen

Things to know about paying foreign nationals legally in the United States

• Basis for Legal Work Authorization in the U.S.
• Employment vs. Volunteering
• Form I-9 - Employment Eligibility Verification
  • Employer Sanctions
  • Understanding the documents
• Constructive Knowledge
• Unauthorized Employment

Things to know about National Security Concerns

• Student Exchange Visitor Information System (SEVIS)
• ESTA
• NSEERS: Special Registration
• Petition Information Management System (PIMS)
• Technology Alert List
• Do Not Fly List
• Removing Flags on your record

Working with Immigration Attorneys and Attorney listing