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When it comes to immigration, visas are a large part of the immigration law practice. You are a senior paralegal in an immigration law firm. You have been tasked with preparing a presentation that will include the following: 1. An explanation of requirements for visas for temporary workers 2. The forms that are utilized for filing for a visa for a temporary worker 3. An explanation of the requirements for a temporary visa for a student 4. The forms that are required for the filing of temporary visa for a student 5. An explanation of the distinctions between non-immigrant visas and immigrant visas. 6. A summary of on point, recent laws governing visa policies and procedures. Present your work in power point format.

1.Compare and contrast the distinctions between having a green card and becoming a citizen. 2.Address the benefits and limitations associated with each.  3. From there, describe the process for obtaining a green card and for seeking citizenship and Address the eligibility requirements for each. 4. Address how the naturalization test has recently changed. 5. Cite on point applications that must be completed and laws/regulations on point with green cards and citizenship. 6. In conclusion, address how citizenship can be lost and the potential implications associated with a loss of citizenship.

Requirements for visas for temporary workers

According to the US immigration law, the H type visa is the most common visa for temporary workers. There are a variety of categories of H type visa and this includes, the H-1B is meant for professional occupations and also the H-1A which is given to the registered nurses. Therefore the key requirements for the visa entail, one a person must have a bachelor degree in the particular area of the field (Casella & Cox, 2018). Also, the non-migrant must have a highly specialized knowledge in the particular area of specialization. The above mentioned requirements typically apply to the H-1B type of visa. The key requirements however for H-1A type visa entails, there has to be proof of non-qualified citizens of US for the particular position. Also, the wages to be paid to the non-migrants must be comparable with those of the same positions in the particular occupation and this has to be proved.

There are a variety of forms which are filled by the non-migrant individuals who would want to work as temporary workers in the US during the application of visa. Such forms include;

According to Hunt (2017), the form is filled by the prospective employer to determine an individual’s eligibility to work in the country. Additionally, the form has often been used in petitioning the extension of stay of any particular non-migrant status in various categories of work. 

There are several functions of the form. The key functions entail, it indicates that a particular non-migrant has qualified to immigrate to US (Casella & Cox, 2018). It is also used to prove that the petition to categorize a particular proposed worker in a particular employment visa classification has been approved by the United States Citizenship and Immigration Service.

The above form is usually filled online via the internet. It is often used to gather more information and details on the particular individual who is looking to obtain the immigrant visas (Hunt, 2017). The form is typically filled by the non-migrant seeking to work as a temporary worker in the United States.

Students who are seeking to pursue certain degree courses in the US have required to submit certain things during the application for a visa, especially during the visa interview. There are typically different categories of visa for such particular students, however, the most common visa for temporary students is the visa (Dowdy, 2017). After the completion of the degree courses, such student is given only 60 days to prepare and leave the country. The requirements include;

  • VFS appointment letter
  • Valid passport and other passports which were issued previously
  • HDFC visa application fee receipts
  • DS-160 confirmation page containing a barcode
  • SEVIS receipt and I-120
  • Current passport size photograph

There are a variety of forms which are usually filled during the application of temporary visa for various students intending to pursue certain degree course in the US. Such forms include, 

The above form is typically filled by the student and it contains information and details of the particular student applying for the visa (Burke, 2018). The DS-160 form is usually filled and submitted online to the immigration department of United States of America.

The form I-120 is normally provided to the student by the school where he or she intends to study. It is filled before the application process of visa begins and later submitted to the immigration department of US by the school (Dowdy, 2017). Additionally, the form typically determines the type of visa any particular student is applying for to study in the United States.

Forms required to file for temporary worker and student visas

There are a variety of differences between the immigrant and non-immigrant visas. One key difference between the two relates to the definition such that the non-immigrant visa is typically applied by certain persons who are looking to stay in the US for either long or short term and this also entails the work permit (Burke, 2018). Such individuals do not usually want to stay permanently in the United States. However, at times some of the non-immigrants may want to permanently stay in the country and therefore they would apply for an immigrant visa. Such a temporary stay in the US could be based on various factors such as temporary work, study, medical treatment, tourism, and business venture.

The immigrant visa, on the other hand, is used by certain individuals who want to settle permanently in the United States of America (Peri, Shih & Sparber, 2015). It, therefore, implies that such people may or may not want to become citizens of the particular nation but they end up being citizens to the US in the long run. The intention to permanently settle in the country is often made under clear circumstances by the particular individual.

There are a number of reforms which were made by the Trump administration when it took over form the Obama’s administration. Trump issued certain travel bans on various countries such as Yemen and Venezuela among others. Such a travel ban was aimed at reducing the number of tourists who were entering the country illegally. Also, there are certain immigration policies objectives which have been adopted in the country. The objectives include protection of workers of America, ensuring lawful and safe admission of individuals and defending the security and safety of the American nationals (Yeaple, 2017). The employers have also been given certain guidance relating to visa applications by the non-migrants and the migrants. Every particular employer is currently expected, one develops a hotline for certain urgent questions. They are also expected to offer direct and clear communication to the work corps for vetting purpose of visa application. Lastly, the employers are to offer guidance to the workers in relation to customer clearance and port admission.

Further certain reforms have been made in H-1B and L-1 visas. For example, the H-1B now enables the employers in the US to sponsor various foreign workers to offer professional skills in specialty occupations (Lee, 2018). The permitted number is about 65,000 annually. The L-1 visa, on the other hand, permits employers who are considered to be multinationals to transfer the managers and executives. Also, all the workers who shall have qualified will be expected to have a one year experience and this is especially for working in the global enterprise located outside the United States of America.

Compare and contrast the distinctions between having a green card and becoming a citizen

The key distinction between green card holders and US citizens include, one the US citizens can easily go to other countries and this is unlike for the green card holders who do not enjoy such a right fully since certain countries do not allow for green cards (Infantino, 2017). The other differences are that unlike a US citizen who can never be deported from the US, the green card holders can easily be deported especially when they commit a particular offense. There is also often a limitation on the period for which a green card holder can stay outside the country, however, this is unlike for the US citizens who are never affected by such a limitation. They can stay outside the US as long as they want (Ngai, 2014).

Requirements for temporary visa for a student

The citizens and the green card holders enjoy a variety of benefits and rights. Such rights entail, the ability to work in the US and also live permanently. However, the benefits generally differ such that the citizens do enjoy more rights compared to the green card holders. The differences between the green card holders and citizens mainly relate to the key responsibilities and benefits.

According to Giddens (2015), there are a variety of benefits entitled to citizens such as the ability to run for any particular office. They can also travel anywhere within the US using a US passport. The other benefit is that they have the right to vote in various types of elections that is federal, state and local. The citizens are also eligible to apply for a variety of federal jobs and this is because it is a key requirement that the individuals applying to become federal agencies must be citizens of US.

As a citizen, there are certain limitations such as paying for taxes based on worldwide income and this is especially if one leaves the US. Also, an individual cannot have a dual citizenship since it is not allowed by the law (Li, 2015). The other limitation is that there is typically a consular protection for the citizens such that no intervention is done for the citizen by the US authorities.

The green card holders also have certain benefits and responsibilities entitled to them and this include, the ability to serve in US military in specific branches. The green holders are also eligible to apply for visas on behalf of their wife or husband in order to come live in the US. Additionally, they have the right to travel anywhere in the US, however for a period of less than one year (Narc?, ?ahin & Y?ld?r?m, 2015). Lastly,the green card holders can access certain federal benefits relating to temporary assistance for needy families, food stamps and services for survivors of domestic violence.

According to Wadhia (2014), the green card holders are not allowed to vote and this is unlike for the citizens who are entitled to the right to vote in federal, local and state positions. Additionally, there are also travel limitations such that the green card holders can travel outside the country for only a particular period of time. The green card holders are also limited to apply for certain job positions in the country. The other disadvantage is that a green card holder will have to pay taxes based on the world income.

From there, describe the process for obtaining a green card and for seeking citizenship and Address the eligibility requirements for each.

There are often three steps involved during the process of obtaining a green card. Such steps include;

In the step, an immigration petition is filed for the particular beneficiary. There are various forms could be filed, for example, form I-130 for family-based immigration and form I-140 for immigration on the basis of employment (Bound, Braga, Golden & Khanna, 2015).

An individual seeking for a green card should apply for a visa and that is what is entailed in the above process. After the approval of the immigrant petition, there is usually the transfer of the case to the national visa center.

Distinctions between non-immigrant and immigrant visas

In the adjudication process, the individual is allowed to change his or her status to become a permanent resident of US when ready (Zhou, 2015). Such a process can only be done once it has been made available of the migrant visa number.

The key requirements for one to become a green card holder include, one an individual should be a non-citizen willing to settle in the US. An individual should also be married to a US citizen by proving that one is legally married (Erus, Yakut-Cakar, Cali & Adaman, 2015). Also, a person should have an employer who is willing to sponsor him or her for the green card.

There are various ways of becoming a citizen of USA. The two basic ways entail by birth and naturalization. Being a citizen by birth implies that an individual is born and raised in the US (Dreby, 2015). However, to become a citizen through naturalization, there are steps followed according to the law. The steps entail;

  • Find out the Eligibility Criteria
  • Overwhelm some of the barriers relating to Ineligibility
  • Filing of form N-400 of USCIS
  • Provide fingerprints
  • Go for a citizenship interview
  • Go for an oath ceremony

The fundamental requirements entail, the ability to pass an English test and also the history of US including the government (Bray, 2016). The other eligibility is that an individual should have stayed in the US for a period of more than one five years. You must also have good moral character.

The naturalization test has changed over time. In the past, it used to test on the application and background including both the civic and English test. According to the new naturalization test, individuals seeking to become citizens of US must undergo an oral examination where they are asked on 10 civic difficult questions which are chosen from the top 100 (Aptekar, 2015). All the applicants are expected to score 6 out of the 10 questions. Further, the applicants above 65 years and have resided in the country for over 20 years will be given easy questions marked with an asterisk.

There are a variety of green card applications and they include;

Green Card for Parents Application: This is an application for green card applied for parents 

Green Card for Domestic Employee Application: According to Jordan (2016), it is an application which allows an individual to work as a domestic employee.

Green Card for Family Application: It is an application of green card for a member of a family to become a resident of US (Ruiz, 2014).

There is just a single application of becoming a citizen of US and this is naturalization application (Bray & Lewis, 2016). Such an application is done to enable migrants and non-immigrants willing to permanently reside in the US to become citizens of the country (Bettinger, Gurantz, Kawano & Sacerdote, 2016).

According to the Immigration and Nationality Act, the citizenship of the US can be lost in a variety of ways. Some of the typical ways include (Tsosie, 2016);

  • When an individual obtains naturalization in a certain foreign country and this is usually upon his or her application.
  • When an individual takes an oath or any other formal allegiance to a particular foreign country after having attained the age of 18 years.

According to Schuck (2018), certain implications arise when an individual loses its citizenship. One key implication is that there will be no protection from the government since they have been considered stateless. Also, they will be faced with the difficulty of having to travel to other countries and this is because they must have a passport to travel to other nations 

Benefits and limitations of having a green card and becoming a citizen

References

Aptekar, S. (2015). The road to citizenship: what naturalization means for immigrants and the United States. Rutgers University Press.

Bettinger, E., Gurantz, O., Kawano, L., & Sacerdote, B. (2016). The long run impacts of merit aid: Evidence from California’s Cal Grant (No. w22347). National Bureau of Economic Research.

Bound, J., Braga, B., Golden, J. M., & Khanna, G. (2015). Recruitment of foreigners in the market for computer scientists in the United States. Journal of labor economics, 33(S1), S187-S223.

Bray, I. (2016). Becoming a US Citizen: A Guide to the Law, Exam & Interview. Nolo.

Bray, I., & Lewis, L. N. (2016). How to get a green card. Nolo.

Burke, K. (2018). What is the impact on seasonality roles in America, for companies employing Irish students, on a Summer J-1 visa in today’s world? (Doctoral dissertation, Dublin Business School).

Casella, A., & Cox, A. B. (2018). A property rights approach to temporary work visas. The Journal of Legal Studies, 47(S1), S195-S227.

Dowdy, C. (2017). How Temporary Protected Status Can Help Refugee University Students Rebuild Their Home Countries. Seattle Journal for Social Justice, 15(3), 16

Dreby, J. (2015). US immigration policy and family separation: The consequences for children's well-being. Social Science & Medicine, 132, 245-251.

Erus, B., Yakut-Cakar, B., Cali, S., & Adaman, F. (2015). Health policy for the poor: an exploration on the take-up of means-tested health benefits in Turkey. Social Science & Medicine, 130, 99-106.

Giddens, T. (2015). Introduction. In Graphic Justice (pp. 15-21). Routledge.

Hunt, J. (2017). How Restricted is the Job Mobility of Skilled Temporary Work Visa Holders? (No. w23529). National Bureau of Economic Research.

Infantino, F. (2017). State-bound visa policies and Europeanised practices: Comparing EU visa policy implementation in Morocco. In Migration in the Western Mediterranean (pp. 52-70). Routledge.

Jordan, E. R. (2016). Point, Click, Green Card: Can Technology Close the Gap in Immigrant Access to Justice. Geo. Immigr. LJ, 31, 287.

Lee, R. (2018). Immigrant entry visa categories and their effects on the children of immigrants’ education. Journal of Ethnic and Migration Studies, 44(9), 1560-1583.

Li, D. (2015). Offshoring the army: Migrant workers and the US military. UCLA L. Rev., 62, 123.

Narc?, H. Ö., ?ahin, ?., & Y?ld?r?m, H. H. (2015). Financial catastrophe and poverty impacts of out-of-pocket health payments in Turkey. The European Journal of Health Economics, 16(3), 255-270.

Ngai, M. M. (2014). Impossible Subjects: Illegal Aliens and the Making of Modern America-Updated Edition. Princeton University Press.

Peri, G., Shih, K., & Sparber, C. (2015). STEM workers, H-1B visas, and productivity in US cities. Journal of Labor Economics, 33(S1), S225-S255.

Ruiz, N. G. (2014). The geography of foreign students in US higher education: Origins and destinations. Global cities initiative: A joint project of Brookings and JPMorgan Chase, Washington, DC.

Schuck, P. (2018). Citizens, strangers, and in-betweens: essays on immigration and citizenship. Routledge.

Tsosie, R. (2016). The Politics of Inclusion: Indigenous Peoples and US Citizenship. UCLA L. Rev., 63, 1692.

Wadhia, S. (2014). Immigration Law's Catch-22: The Case for Removing the Three and Ten-Year Bars.

Yeaple, S. R. (2017). The innovation activities of multinational enterprises and the demand for skilled worker, non-immigrant visas. In High-Skilled Migration to the United States and its Economic Consequences. University of Chicago Press.

Zhou, J. (2015). International students’ motivation to pursue and complete a Ph. D. in the US. Higher Education, 69(5), 719-733.

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