Because of the different ways that immigration law can impact both an individual and a major company, most attorneys will at some point in their employment come across a client who needs immigration law representation. The best immigration lawyers in the UAE need to know when to seek out further professional help and how to handle clients' immigration-related concerns in a responsible manner.
Since immigration law can be expansive and intricate at times, it is imperative that lawyers possess a basic understanding of its most important subjects, such as the extent of the federal government's authority over immigration rules and regulations.
All three of the government's outposts are amicably connected to immigration: The executive branch has jurisdiction over immigration with relation to international affairs, and the judiciary decides whether or not the other two departments are effectively using their respective responsibilities. Congress' authority stems from the power of American sovereignty.
Americans tightened their relatively open and unrestricted immigration policy in the 18th and early 19th centuries, and they little questioned it until the late 1800s.
The origins of immigration law can be traced back to the 19th century and the Plenary Power Doctrine, which holds that the legislative and executive branches of government have exclusive responsibility over all immigration-related matters.
A person who is "knocking on the door" to enter the country is actually "on far shakier footing than someone who has made it here, even if it was outside the rules." She continued by pointing out that immigration law is civil law, not criminal law, and that it lacks funding for certain rights granted to people charged with breaking the law, such as the right to government-funded legal representation.
It can be difficult to challenge detention since people might be detained whether they are trying to enter the country or are already inside but are waiting for an immigration official to arrive. Even after being ordered detached, a person may be detained while they wait to be really removed.
Depending on immigration status, there are many distinct types of visas, which is similar to alphabet soup. An individual can enter the United States on a non-immigrant visa for a brief period of time and for a specific reason. The most popular non-immigrant visa categories are as follows:
- B-1: Business visitor
- B-2: Pleasure tourist
- E-1: Treaty trader
- E-2: Treaty investor
- F: Student
- H: Temporary worker
- J: Exchange visitor
- K: Spouse or fiancé of U.S. citizen
- L: Intracompany transferee
- O: Worker with extraordinary abilities
- P: Athlete or entertainer
- R: Religious worker
- S: Witness or informant
- T: Victim of trafficking in persons
- TN: Trade visa for Canadian or Mexican
- TPS: Temporary protected status
- U: Victim of certain crimes
The different types of employment visas include:
- EB-1 – People with extraordinary ability, outstanding researchers and professors, multinational managers or executives
- EB-2 – National interest waiver, excellent ability and advanced degree professionals
- EB-3 – Professionals with bachelor’s degree, skilled workers with 2 years of job experience, or unskilled workers
- EB-4 – Special immigrants (religious labors)
- EB-5 – Investment green cards
The most popular type of visa is the H-1B, which requires that the applicant have a job offer with a salary that is considered to be standard in that area, possess a bachelor's degree or higher, or work as temporary aid in a specialty occupation.
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