Immigration in the USA
The United States and Canada accept more immigrants today than since the early 1900s. Several million tourists, temporary workers, asylum seekers, refugees and permanent residents come to North America each year. America 's 'melting pot' and Canada's 'mosaic', once almost entirely European, now include people from every corner of the planet. People move to North America for freedom, safety and opportunity, while appreciating the unique blend of living space, political stability and high standard of living.
North America is relatively open to immigrants. However, as the continent fills with new arrivals, the doors will slowly close. During the first 150 years of its history the US accepted whoever arrived. Since the 1920s, American immigration laws have regulated and prioritized the flow of immigrants. Immigrating to the US now requires foreigners seeking entry to position themselves in the most advantageous immigrant categories.
Immigration Today
While the 1986 Act focused on curtailing illegal immigration, the 1990 Act was aimed at helping US businesses attract skilled foreign workers. The 1990 Act established an annual limit of 675,000 permanent resident visas; 465,000 for family class; 140,000 for employment based categories; and 55,000 for the visa lottery. On top of these limits, the law permits 125,000 refugees and smaller groups authorised by prior laws.
The 1990 Act also increased the number of employment-based visas from approximately 54,000 annually to 140,000 a year. The expanded business-class categories favour persons who make educational, professional, or financial contributions. For example, the 1990 Act created the Immigrant Investor Program. Conversely, the 1990 Act limited the number of nonimmigrant visas available to professional workers to 65,000 per year. So far, most of the quota or numerical limitations of the 1990 Act for non-immigrant visas have not been reached.
The tragedy of September 11 caused a rethinking of the US Citizenship and Immigration Services (USCIS) admission policies as well as a reorganisation of the USCIS itself. The USCIS along with several other law enforcement agencies merged into a new Homeland Security Department on March 1,2003. USCIS's functions are shared among themselves, the Bureau of Immigration and Customs Enforcement and the Bureau of Customs and Border Patrol (USCIS).
One should be aware of the following changes in USCIS policies:
B1/2 visas for temporary business and pleasure will, except in cases where more time is clearly necessary, be restricted to one month time in the US rather than the pre-9/11 six months. Extensions of time while in the US will be denied more often to force people to leave and face inspection at consular posts or at airports or land borders.
Temporary visitors trying to change to student status will be highly scrutinised and most likely denied unless they were admitted as an intending student. Remember, USCIS approved Mohammed Atta's student visa posthumously, after he flew the plane into the World Trade Center. Some reform is in order. Generally speaking, changes of status within the US will be highly scrutinised and denied more often than before 9/11. Aliens from suspect countries may have to register with local USCIS offices and report their whereabouts periodically.
These are the more important changes in policy, but not a definitive list. USCIS policy has been changing almost daily. It's best to check the USCIS website, Department of State website or an immigration professional if you intend to come to the US and may have to ask for an extension of time or change of status to a different visa category.
Overall, we can expect continued pressure to reduce the numbers of immigrants, while at the same time improving the quality of their skills. Family class categories may be limited to immediate family members, while higher educational and/or experience requirements may be imposed on professional workers. There may be more encouragement for foreign investors.
The beauty of American immigration law is that the US has moved from an ethnically biased system which favoured Northern Europeans to one that is truly multinational, and allows freedom and opportunity for all. The US offers the only immigration policy in the world that is blind to race, religion, creed and colour. It's truly a unique social experiment which continues to evolve.
