United States Immigration Law
The Immigration and Nationality Act
The Immigration and Nationality Act (INA) of 1952, as amended, is the primary body of US immigration law, codified in Title 8 of the United States Code. The INA establishes the legal framework for the admission of foreign nationals into the United States, the grounds of inadmissibility and removability, the procedures for removal proceedings, and the requirements for naturalisation. The INA has been substantially amended by subsequent legislation, including the Immigration Act of 1990 (which increased legal immigration levels and created the diversity visa programme), the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), and the Homeland Security Act of 2002 (which abolished the Immigration and Naturalization Service and transferred its functions to the new Department of Homeland Security).
Family-Based Immigration
Family-based immigration is the largest category of legal permanent immigration to the United States. Immediate relatives of US citizens — spouses, unmarried children under 21, and parents of US citizens aged 21 or older — are not subject to annual numerical limits and may immigrate without delay, subject to processing times. Other family preference categories are subject to annual caps: the F1 category (unmarried adult children of citizens) has a limit of 23,400 visas annually; the F2A category (spouses and minor children of permanent residents) and F2B (unmarried adult children of permanent residents) share a combined 114,200 visas; the F3 category (married children of citizens) has 23,400 visas; and the F4 category (siblings of citizens) has 65,000 visas, subject to per-country limits.
Employment-Based Immigration
The INA allocates approximately 140,000 employment-based preference visas annually, subject to a per-country limit of 7% of the total, divided into five categories. EB-1 priority workers include persons of extraordinary ability, outstanding professors and researchers, and multinational executives and managers. EB-2 professionals hold advanced degrees or have exceptional ability. EB-3 includes skilled workers with at least two years of training, professionals with baccalaureate degrees, and unskilled workers. EB-4 covers special immigrants including religious workers and certain international employees. EB-5 immigrant investors must invest $1.05 million (or $800,000 in a targeted employment area) and create at least ten full-time jobs for US workers.
Nonimmigrant Visas
The INA provides numerous nonimmigrant visa categories for temporary stays. The B-1 (business) and B-2 (tourist) visas are for short-term visitors. The F-1 visa permits study at accredited academic institutions. The H-1B visa, subject to an annual cap of 65,000 plus 20,000 additional visas for holders of advanced degrees from US institutions, permits employment in specialty occupations requiring a bachelor’s degree or equivalent. The L-1 visa permits the intracompany transfer of executives, managers, and specialised knowledge employees. The O-1 visa is for individuals of extraordinary ability in the sciences, arts, education, business, or athletics. The J-1 visa covers exchange visitors participating in approved programmes.
Asylum and Removal Proceedings
Asylum and refugee status are governed by INA § 208, which implements the 1951 Refugee Convention. Asylum seekers must demonstrate a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Removal proceedings under INA § 240 are conducted before immigration judges of the Executive Office for Immigration Review (EOIR), which operates within the Department of Justice. The three main immigration agencies under the Department of Homeland Security are US Citizenship and Immigration Services (USCIS), which adjudicates benefits; Customs and Border Protection (CBP), which manages ports of entry and border enforcement; and Immigration and Customs Enforcement (ICE), which enforces immigration laws in the interior.