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AN OVERVIEW OF IMMIGRATION LAW Where Are We and Where Are We Going? Presented By:

AN OVERVIEW OF IMMIGRATION LAW Where Are We and Where Are We Going? Presented By: Attorney David J. Long Board-Certified Specialist in Immigration Law October 30, 2008 Gate City Rotary Club. INTRODUCTION. Why is the topic of immigration important, and why should you care?

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AN OVERVIEW OF IMMIGRATION LAW Where Are We and Where Are We Going? Presented By:

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  1. AN OVERVIEW OF IMMIGRATION LAW Where Are We and Where Are We Going? Presented By: Attorney David J. Long Board-Certified Specialist in Immigration Law October 30, 2008 Gate City Rotary Club

  2. INTRODUCTION Why is the topic of immigration important, and why should you care? • Our immigration system impacts all individuals and businesses. • The topic of immigration is one of the most contentious topics facing our nation. It is often characterized by misinformation, fear and demagoguery. • Most politicians (Republicans and Democrats alike) agree – the current immigration system is broken. They disagree on how to fix it.

  3. Background • Federal Law • Immigration & Nationality Act • Federal Agencies Involved • Department of Homeland Security • U.S. Citizenship & Immigration Services • U.S. Customs & Border Protection • U.S. Immigration & Customs Enforcement • Department of State • Department of Labor

  4. Immigration Hierarchy • Undocumented • Non-Immigrant Visa Status (Temporary) • Immigrant Visa (“Green Card” / Permanent Resident) • U.S. Citizen

  5. Where We Are:The Current Immigration System • How do foreign nationals enter the United States? • Non-Immigrant Visa (Temporary) • Immigrant Visa (“Green Card”) • Undocumented

  6. The Current System:Non-Immigrant Visas • Basic Characteristics: • For a specific purpose • For a limited duration • Employment authorized for some, but not all • “Alphabet Soup”

  7. Non-Immigrant VisasMost Common Categories

  8. Non-Immigrant VisasMost Common Categories (cont.)

  9. The Current System:Immigrant Visas • Avenues to Acquire Permanent Resident Status: • Family-Based • Employment-Based / Labor Certification • Diversity Visa Lottery • Asylee / Refugee • Registry

  10. Immigrant VisasFamily-Based Immigration • Key Concepts: • Close Family Relationship Required • Petition-Based Process • Problem of Illegal Entry • 3-Year & 10-Year Bars for Unlawful Presence • Extensive Backlogs for Many Categories

  11. Immigrant Visas:Which Family Relationships Qualify? *For Beneficiaries born in all countries except China, India, Mexico and the Philippines

  12. Immigrant VisasEmployment-Based Immigration • Key Concepts: • Employer Required in Most Cases • Petition-Based Process • Labor Certification (“PERM”) • Problem of Illegal Entry • Extensive Backlogs for Many Categories

  13. Immigrant VisasEmployment-Based Categories *For Beneficiaries born in all countries except China, India, Mexico and the Philippines

  14. Immigrant VisasLabor Certification (“PERM”) • Offer of Full-Time, Permanent Employment Required • Employer Must Advertise the Job • Minimum education, training and work experience requirements • Employer Must Demonstrate Non-Availability of U.S. Workers for the Job Position Being Offered • Applicants can only be rejected for lawful, job-related reasons • Employers must show good faith recruitment efforts • The Role of the Department of Labor

  15. Where We Are Going:Hot Topics for North Carolina • Growing Immigrant Population • CIS Offices – Charlotte & Durham • New Immigration Court – Charlotte • Driver’s Licenses • 287(g) Program (Alamance, Cabarrus, Cumberland, Durham - City, Gaston, Henderson, Mecklenburg, Wake) • Community College Admissions Policy

  16. Where We Are Going:Hot Topics Around the Nation • Worksite Enforcement • I-9 Audits • Shift to E-Verify System • SSA “No Match” Rule • High-Profile ICE Raids • Comprehensive Immigration Reform

  17. The Need for Comprehensive Immigration Reform • Extensive backlogs • 10-12 Million undocumented aliens • Border Security • Enforcement of Existing Laws • Temporary Worker Program • Obama v. McCain

  18. Resources • www.longchangonline.com • “Newsflash Feature for Current Immigration News • Articles & Newsletters • Overview of Temporary and Permanent Visas, Labor Certification, Citizenship, etc. • Processing Times • www.uscis.gov (U.S. Citizenship & Immigration Services) • www.dol.gov (U.S. Department of Labor)

  19. Questions ???

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