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Immigration Overview

Agencies involved with the immigration process
Guiding Principles of Immigration
Basic Terminology of Immigration

Agencies Involved with the Immigration Process

Entry into the United States by foreign nationals is strictly controlled. The agencies involved in determining eligibility for entry are the United States Department of State (State Department or DOS) and its U.S. Consulates located in foreign countries as well as the Department of Homeland Security (DHS) which includes: U.S. Citizenship and Immigration Service (USCIS), Customs and Border Protection (CBP) and Immigration Customs and Enforcement (ICE). The Department of Labor (DOL) also plays a role in certain processes.

The State Department controls entry into the U.S. by issuing visas or entry documents. USCIS controls the classification of status by adjudicating petitions requesting immigration benefits. CBP decides at the port of entry how long a person may remain in the U.S.  ICE ensures compliance with student visas as well as ensuring that U.S. employers employ only authorized workers. The DOL works to protect the wages and jobs of U.S. workers by making prevailing wage determinations for H-1B workers and controlling the labor certification process.

Useful Links:

  • US Department of State: http://travel.state.gov/content/visas/en.html
  • US Citizenship & Immigration Services: http://www.uscis.gov/
  • US Customs & Border Protection: http://www.cbp.gov/
  • US Immigration Customs & Enforcement: https://www.ice.gov/
  • US Department of Labor, Office of Foreign Labor Certification: http://www.foreignlaborcert.doleta.gov/

Guiding Principles of Immigration

Immigrants and Nonimmigrants

The U.S. immigration law divides all individuals seeking to enter the U.S. generally into two categories: immigrants and nonimmigrants. Immigrants are individuals who intend to remain permanently in the United States. Nonimmigrants are individuals coming for only a temporary time. Those allowed to enter the United States as immigrants are permitted to have the intent to remain permanently and to abandon all foreign residence. Almost all individuals admitted as nonimmigrants must demonstrate that they have a residence abroad that they have no intention of abandoning.

Presumption of Immigrant Intent

All individuals coming to the United States are presumed by the USCIS and Department of State to have the intent to remain permanently in the United States. Obviously, this is inconsistent with the intent allowed for a nonimmigrant visa. Accordingly, individuals coming temporarily to the United States in a nonimmigrant visa category must overcome the presumption that they intend to remain permanently. If they cannot present evidence to overcome this presumption, their entry into the United States may be denied.

Basis for Immigration
Generally, individuals immigrate to the U.S. on one of two bases: employment or family. Further information on these bases is provided in the sections on Nonimmigrant and Immigrant visas.

Basic Terminology of Immigration

Immigrant

A foreign national who intends to reside permanently in the United States

Nonimmigrant

A foreign national who intends to remain only temporarily in the U.S. and to return to a residence maintained abroad.

Green Card

A card (Form I-551) issued by the USCIS that evidences an individual’s permanent residence in the United States.

Visa

A stamp placed in a passport by a U.S. Consulate that allows the visa holder to travel to the U.S. and request admission to the U.S. at a port of entry (e.g., airport or border crossing).

Form I-94 Arrival/Departure Card or Record

A document  issued by the USCBP at a port of entry documenting an individual’s entry to the U.S. in a particular status (sometimes determined by a petition filed previously with the USCIS) and stating the date by which the individual must depart the United States. The paper cards customarily issued by CBP are being replaced with an online version that can be found at the CBP website at https://i94.cbp.dhs.gov/I94/#/home.   At present, people entering the U.S. by land are generally issued a paper I-94 (white or green card), while those entering the US by sea or air are issued an electronic I-94, which can be accessed via the CBP’s I-94 home website, noted above. Sometimes the USCIS will issue a new I-94 to a beneficiary who has applied in the U.S. for a change of status or an extension of stay.   Those new I-94 records are found at the bottom of the I-797 approval notice issued by the USCIS when the petition is approved.

When foreign nationals enter the U.S., it is vital that their I-94 record of entry be verified both as to the particular status that was supposed to be given (e.g., H-1B, B-1, J-2, etc.) and as to the permitted length of stay.   Errors on either issue can cause potentially catastrophic problems.

Employment Authorization Document

Often called an EAD, this is a card (similar in appearance to a driver’s license) that authorizes an individual to work for any employer in the U.S.

Dianna C. Palien

“As a cutting-edge teaching hospital renowned for top-flight medical professionals, St. Agnes Hospital has come to appreciate the consistent, thorough, and highly responsive relationship we have with Frances Taylor and the team of immigration legal experts at Taylor & Ryan. They provide us with timely, relevant updates combined with reliable strategic counsel on the best … Read More "Dianna C. Palien"
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Diane Davis

“Kollmorgen is a large corporation with diverse needs when it comes to immigration legal matters, and we have come to rely on the team at Taylor & Ryan for their professionalism, consistency, and knowledge sharing. When you work with Taylor & Ryan, there’s a personal touch. I always get a response to inquiries within 24 … Read More "Diane Davis"
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Aparna Maybhate

“My husband and I both were applying for permanent residency on our own, so we needed to build our case based on the importance of our work. He works for Johns Hopkins University, and I’m an astronomer doing instrument calibration and user support for the Space Telescope Science Institute. Given the broad-reaching impact of my … Read More "Aparna Maybhate"
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Dennis Mesko

“Taylor & Ryan has provided immigration legal services to the University of Maryland Center for Environmental Science (UMCES) for about the past 7 years. The nature of our work requires specialized scientific knowledge from a limited number of potential candidates in a worldwide employee market place. Our ability to rely on the expertise of Taylor … Read More "Dennis Mesko"
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Deborah Bedwell

“Instead of using clay, paint, tools and brushes, Mary Ryan uses the law to create something truly beautiful out of something that would otherwise be a mess. She understands the unique flavor that international artists bring to our community to enhance its richness, intensity and vigor. Baltimore Clayworks and the artistic community locally, regionally, and … Read More "Deborah Bedwell"
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David Graham, PhD

“Mary and her staff were able to help us quickly navigate the requirements for permanent residence status. They were professional and courteous and helped us stay on track for document preparation through personal contact and excellent software that helped us manage the application through all phases. The end result was an application that was approved … Read More "David Graham, PhD"
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Reid Bowman

“At Allegis Group, we hire hundreds of thousands of temporary workers across our business groups — compliance is critical. Taylor & Ryan had a deep understanding of our business and helped us think through highly complex immigration scenarios as a true strategic extension of our team. They went far above and beyond to provide a … Read More "Reid Bowman"
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Francisco Leon

“I have a lot of experience in working with immigration attorneys, and I wholeheartedly recommend the superb services and counsel of Mary Ryan and the team at Taylor & Ryan — they truly rise to the top of their field. After holding a J-1 and three O-1 visas and now, thanks to Mary, a Green … Read More "Francisco Leon"
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Jennifer Kerilla

“The Johns Hopkins University Medical Institution has a lot of moving parts with many complex immigration matters across the medical campus, including those for the hospital and health systems as well as the University’s Schools of Medicine, Public Health, and Nursing. While immigration matters may be unpredictable in nature, I have absolute confidence that no … Read More "Jennifer Kerilla"
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Sonja W. Scholz, MD, PhD

“For someone who is a professional researcher and puts in very long work days, Taylor & Ryan is the ideal immigration law firm. They are true professionals, very efficient, and provide you with access to an online secure database to facilitate your case. I had concerns about being able to maintain my overseas conference schedule … Read More "Sonja W. Scholz, MD, PhD"
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Karen Rasch

“As a growing and evolving academic institution, Loyola University has come to appreciate the true partnership we have with the team at Taylor & Ryan. While their online case management system is easy to use and the forms are all readily available for seamless filing, what I have really come to value is that they … Read More "Karen Rasch"
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