Immigration is the movement of people into one place from another. While human migration has existed throughout human history, immigration implies long-term permanent or indefinite residence, and often eventual citizenship by the immigrants. Tourists and short-term visitors are not considered immigrants, and are often refered to as "nonimmigrants." The modern idea of immigration is related to the development of independent countries and nationality law. Citizenship of a country confers an inalienable right of residence in that state, but residence of immigrants is subject to conditions set by immigration law.
Even though the foreign born have never comprised more than 16% of the U.S. population since 1675, immigration has been a major source of population growth and cultural change throughout much of American history. As of 2006, the United States accepts more legal immigrants as permanent residents than any other country in the world. In 2006, the number of immigrants living in the United States totaled 37.5 million. This multi-ethnic society has become known as the "melting pot." As a result, the economic, social and political aspects of immigration have caused controversy regarding race, ethnicity, religion, economic benefits, job growth, settlement patterns, impact on upward social mobility, levels of criminality, nationalities, political loyalties, moral values, and work habits.
Employment-Based Immigraton
To stay competitive in today's global economy, many U.S. businesses have recognized that they must hire the best and the brightest employees no matter where they are located, even foreign nationals living abroad. Before U.S. employers can hire foreign workers to perform services or labor or to receive training, the foreign national must obtain either a temporary nonimmigrant visa (e.g. H-1B) or lawful permanent residence (i.e green card, LPR, or immigrant visa) to enter the United States. Similarly, foreign investors who desire to establish a U.S. subsidiary or branch office, or establish a brand new company also need a visa prior to engaging in any business activity in the United States. This is traditionally known as business or employment-based immigration.
Family-Sponsored Immigration
In addition to employment-based immigration, the Immigration and Nationality Act allows for the immigration of foreigner nationals to the United States based on relationship to a U.S. citizen or legal permanent resident. In fact, immigration through a family member is the most common way of becomming a U.S. permanent resident. Annually, there are 226,000 family-sponsored immigrant visas available as compared to 140,000 employment-based nonimmigrant visas. All that is required is the qualifying family relationship.
How We Serve Our Clients
The Wenger law firm's experienced professionals can assist you in transitioning foreign personnel to the United States. We will work with you to not only ensure a smooth transition but we will educate you on the intricacies of nonimmigrant temporary visas, immigrant visas ("green cards"), as well as other regulatory issues such as I-9 compliance and export controls. What sets us apart from many other practicioners is our unaparalleled business experience. This experience is vital in not only advising foreign clients on establishing a U.S. presence, but we are adept at analyzing complex business issues related to such areas as mergers & acquisitions, international joint ventures, and foreign ownership of stock as they related to employment immigration. In addition to our U.S. immigration practice, we can also assist you with outbound visas for U.S. personnel relocating overseas either on a temporary or permanent work assignment. For a basic outline of the U.S. immgration process and to learn more about the services we provide, please visit the Introduction to Immigration.
