This book is primarily about getting a job in the United States, not about the United States immigration laws. However, an understanding of these laws is vital in order to ensure a trouble free entry into the United States. Your working intentions will determine and be determined by the type of visa you apply for. A few myths need to be dispelled first:

 

The Need For A Visa

As you saw in the first chapter, the United States no longer has an open door policy with respect to immigration. The country’s population has grown enormously, so partly to protect the interests of its workforce it now imposes limits on immigrants. For instance, a maximum of 675,000 immigrants are allowed in annually. Whether you seek temporary employment or permanent residence you have to apply for a visa before you go.

The only exceptions to the rule are citizens of certain countries (including Britain) who are making a holiday or business trip of 90 days or less, and are in possession of a return ticket. People who can claim American citizenship by reason of birth or parentage are also exempt. Anybody else needs to get an appropriate visa, whether they are involved in an exchange or a course of study, or whether they are planning to settle permanently.

Be warned. If you enter the country without an appropriate visa and take up employment, you and your employer are breaking the law. While you may manage to get away with it for a time – and quite a lot of people do – you arc running a considerable risk. You will be regarded as an illegal immigrant, and if you are found out you could be deported and prohibited from entering the United States again. The longer you stay, the greater the danger of being found out.

There are ways out of the dilemma:

• You may be able to legalise your status with the US Citizanship and Immigration Services. But if you have been unlawfully present for over six months you will be barred from legalising your status for three years. For anyone who has outstayed his welcome in this way for over a year the bar is for ten years. There arc few exceptions to this rule.

 

• You can marry a United States citizen, and file a petition for a green card.

 

• The Federal Government has offered an amnesty to illegal immigrants in the past, but you cannot count on it happening in the future.

 

If you arc hoping to enter the United States job market by the back door, you had better forget it. Immigration officials (particularly those at major ports of entry, such as New York and Los Angeles) can be very strict. If they suspect you are a job seeker posing as a tourist, they have powers to search you and your luggage. Should they find a job offer or job advertisements among your belongings, or discover that you have not enough cash to finance your visit, they could well refuse you entry.

That is why I recommend you try to get things right from the start. By wading through this chapter you should gain an insight into US immigration practices and what type of visa you should aim for.

The 1990 Immigration Law (Immact 90)

United States immigration law underwent a complete overhaul in 1990. You therefore need to make sure that any advice or information you get is completely up to date, otherwise you may find yourself setting off on completely the wrong track.

The information given below should serve as a guide, but do not regard it as the last word. If your position is a complicated one, you or any firm that wants to employ you will need to obtain advice from the nearest United States consulate (for applicants outside the United States), or the nearest US Citizenship and Immigration Services (USCIS) office (for applicants within the United States). Alternatively, you could refer to manuals such as Applying for a United States Visa or call on the services of an immigration lawyer or consultant.

If you decide to use a lawyer, the US Embassy can supply you with a list of American immigration lawyers operating in the UK and you will find several listed in Appendix F. Otherwise, if you are in the USA, you could use the immigration referral service of the American Immigration Lawyers Association (see Appendix G for contact details). I would recommend you deal with specialists who practise within your own country, and whose reputation you can check up on. Also, be prepared to shop around.

First, though, you need to decide how long you intend to be in the United States. If you do not intend to stay in the country permanently, but just for a matter of months or years, you will need a non-immigrant (temporary) visa of some kind, which in many cases can be extended.

Even if your long-term aim is permanent residence, there is no reason why you should not start off with a non-immigrant visa. For one thing, these are normally easier to obtain. There is nothing to prevent you from petitioning for adjustment of status to that of permanent resident at a later date once you are in the country.