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Entry into the United States by foreign nationals is strictly controlled. The agencies involved in determining eligibility for entry are the United States Department of State (State Department or DOS) and its U.S. Consulates located in foreign countries, the Department of Homeland Security (DHS) which includes: U.S. Citizenship and Immigration Service (USCIS), Customs and Border Protection (CBP) and Immigration Customs and Enforcement (ICE). The Department of Labor (DOL) also plays a role in certain processes. The State Department controls entry into the U.S. by issuing visas or entry documents. The USCIS controls the classification of status by adjudicating petitions. The CBP controls the amount of time that a person may remain in the U.S. by issuing I-94 cards at the port-of-entry. ICE ensures compliance with student visas as well as ensuring that U.S. employers employ only authorized workers. The DOL works to protect the wages and jobs of U.S. workers by making prevailing wage determinations for H-1Bs and supervising the labor certification process.
The U.S. immigration law divides all individuals seeking to enter the U.S. generally into two categories: immigrants and nonimmigrants. "Immigrants" are individuals who intend to remain permanently in the United States. "Nonimmigrants" are individuals coming for only a temporary visit. Those allowed to enter the United States as immigrants are permitted to have the intent to remain permanently and to abandon all foreign residence. Almost all individuals admitted as nonimmigrants must demonstrate that they have a residence abroad that they have no intention of abandoning.
All individuals coming to the United States are presumed by the USCIS and Department of State to have the intent to remain permanently in the United States. Obviously, this is inconsistent with the intent allowed for a nonimmigrant visa. Accordingly, individuals coming temporarily to the United States in a nonimmigrant visa category must overcome the presumption that they intend to remain permanently. If they cannot present evidence to overcome this presumption, their entry into the United States may be denied.
Generally, individuals immigrate to the U.S. on one of two bases: employment or family. Further information on these bases is provided in the sections on Nonimmigrant and Immigrant visas.
A foreign national who intends to reside permanently in the United States
A foreign national who intends to remain only temporarily in the U.S. and to return to an unabandoned foreign residence abroad
A card (Form I-551) issued by the USCIS that evidences an individuals permanent residence in the United States.
A stamp placed in a passport by a U.S. Consulate that allows the visa holder to take passage to the U.S. and request entry into the U.S. at a port of entry
A document (white or green card) issued by the USCIS at a port of entry authorizing an individual to enter the U.S. in a particular status (generally determined by a petition filed previously with the USCIS) and stating the date by which the individual must depart the United States
A card (similar in appearance to a drivers license) that authorizes an individual to work for any employer in the U.S.
