Immigration Law

If your practice involves immigration, you’ve come to the right place. FindLaw’s collection of Immigration Law articles, part of the Corporate Counsel Center Law Library, contains a wealth of information covering key topics like the manner in which the United States federal government controls the flow of foreign nationals into our country to the nuances of obtaining legal status of persons born outside the U.S. If you need more information on distinctions between natural born citizens and foreign nationals seeking immigrant or nonimmigrant visas, click on the links below. Keep in mind: states have very little control over visa procedures or regulations, with the Supremacy Clause of the U.S. Constitution trumping nearly all attempted state or local legislation surrounding immigration. You will also find articles on H-1B visas and related immigration legislation as well as a useful guide on the steps to help your clients become legal U.S. citizens.

Law Library

Immigration Law Articles

Tax Treaty Benefits for Foreign Students and Scholars

I. J-1 and F-1 Students A. In the US in any F, J, M, or Q status 5 calendar years or less 1. Nonresident Alien for federal tax purposes 2. File tax return Form 1040NR or 1040NR-EZ by April 15; by June 15 if no income subject to wage withholding a ...
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Temporary Nonimmigrant Visas

Temporary or nonimmigrant visas are given to foreign nationals who enter the US with permission and with what is called “nonimmigrant intent”, meaning that the person does not intend to stay in the US permanently. Available to visitors coming to ...
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Temporary Religious Workers

The Immigration and Nationality Act provides a nonimmigrant visa category "R" for aliens proceeding to the United States to work in a religious capacity. Religious workers include ministers of religion who are authorized by a recognized ...
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Temporary Visas: Category Overview

There are different "working visas" available for those wishing to gain employment or do business in the United States. Some of them are discussed below. This list is not exhaustive, and it is prudent to consult about the most appropriate visa ...
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The ABC’s of Immigration

In October, President Clinton signed the American Competitiveness in the Twenty-First Century Act (AC21). This law raises the annual H-1B visa cap to 195,000 for fiscal years 2001, 2002, and 2003. After 2003, barring future legislation on the annual ...
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The Evolving Definition of an Aggravated Felony

The term of "aggravated felony" first appeared in immigration law in 1988 under the piece of legislation known as the Anti-Drug Abuse Act of 1988 (ADAA).1 At that time, it simply created a separate ground of deportation for serious crimes such as ...
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The “Illegal Alien Defense”: Claims for Loss of Earnings can be Affected by Immigrations Status

Although decided over a decade ago, Rodriguez v. Kline, 186 Cal. App. 3d 1145, (1986) is still the lead case in California regarding immigration status and its relevance to a plaintiff's claim for damages in a personal injury context. The so-called ...
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The Link Between Medicaid and the Immigration Provisions of the Personal Responsibility and Work Opportunity Act of 1996

The Personal Responsibility and Work Opportunity Act of 1996 (P.L. 104-193) identifies two categories of legal immigrants: "qualified aliens" and others. A "qualified alien" is an alien who is lawfully admitted for permanent residence under ...
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The National Customer Service Center

Introduction Numbers to Call Hours of Operation Automated Services and Live Assistance Details on Assistance Available and Rules (PDF file) Assistance on Pending Applications by Phone Change of Address - for Naturalization Applicants Only Request ...
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The New Deal: H-1B Nonimmigrant Visa

As we have previously reported, the H-1B nonimmigrant visa for specialty occupations was unavailable for much of 1998, because the numerical cap of 65,000, was reached on May 11, 1998. Recently, a new bill was signed into law which provides a ...
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