PART 1: COUNTRY PROFILE
Conventional long form: United States of America
Conventional short form: United States
Abbreviation: U.S. or USA
The United States or US is located in the continent of North America bordering Canada in the north and Mexico in the south (except the States of Alaska and Hawaii). It also borders the Pacific Ocean in the west and Atlantic Ocean in the east, and has a total area of 9,833,517 sq. km (land and water) excluding overseas territories. The US is the third largest country in the world with a size twice the European Union.
The US is a constitutional federal republic composed of 50 states, a federal district and five major territories and various possessions. The country is known for its tropical beaches in the southeast (including the State of Hawaii), and rocky mountains and rivers in the western region. Washington D.C. is the capital of the United States. Other famous cities include New York, San Francisco, and Los Angeles.
The US mostly experiences temperate climate throughout the year. However, because of its vast area, climate still varies per location and time of the year (i.e. arctic tundra in the State of Alaska while tropical climate in the States of Hawaii and Florida).
The US has four (4) weather seasons: winter (December to February), spring (March to May), summer (June to August), and autumn (September to November). Colors of leaves turn into red or orange during the autumn season as temperature gets lower particularly in the northern areas. Weather is even colder when the winter season is getting closer. Colder temperature is experienced during winter especially in the northern region (border of Canada) and central plain while fairly mild weather in the southern areas. Thunderstorms, occasional rains, and warm temperatures are experienced during the spring while temperature gets warmer particularly in the southern areas during summer.
As of 1 January 2024, the estimated population is around 335,893,238 million (mostly Americans or US citizens) according to the United States Census Bureau. Distinct ethnic groups within the US include the Amerindian, Alaskan, Hawaiian, Mexican, Cuban, Dominican Republic, Puerto Rican, and Spanish. Other groups are Asian, from South and Central America and other countries in the Pacific. The US is ranked third among countries with the most population in the world.
The most commonly used language in the US is English. However, since the US has a large number of migrants from all over the world, other languages commonly spoken by other communities are Spanish (second most commonly used language), Chinese, Hawaiian and Alaskan.
Nearly half of the population are Protestants while Roman Catholicism is the second biggest religious group. Other religious groups include Muslims, Jews, Christians, Mormons, Jehovah’s Witnesses, Buddhists and Hindus.
The United States is a constitutional federal republic. The federal government is composed of three distinct branches: legislative, executive and judicial whose powers are vested by the U.S. Constitution in the Congress, the President, and the Federal Courts, respectively.
The President heads both the state and the government, and is the Commander-in-Chief of the US Armed Forces. As head of the executive branch, is primary responsible for the enforcement of federal regulations and legislations enacted by the Congress. The executive branch is composed of different federal agencies, commissions, executive offices, the Cabinet and the Vice-President. The President appoints the heads of these agencies who manage the daily operations and program implementation to protect the natural resources and wildlife, environment, constitutional rights, territories and borders, and to ensure quality education, public health, economic development, and safe transportation for the people. The President is elected by majority votes in a federal election every four (4) years.
The members of the House of the Representatives (House) and the Senate comprise the legislative branch of the government (US Congress). The Congress has the authority, under the Constitution, to enact legislations, confirm or reject Presidential appointments, and conduct investigations in aid of legislation.
Led by the Speaker of the House, the House is composed of 435 voting members (proportionally divided in 50 states based on their population) and 6 non-voting members to represent the District of Columbia, Commonwealth of Puerto Rico, and five (5) territories. The members serve for a term of two (2) years. On the other hand, the Senate is composed of 100 senators (2 each State) elected by state legislatures. Members of the Senate are called “Senators” and serve for a six (6) year term. The Senate is headed by the Vice-President as the Senate President.
The judicial branch consists of the Supreme Court, federal and district courts, and 13 Courts of Appeals. The Supreme Court has nine (9) members that include one (1) Chief Justice and eight (8) Associate Justices. Members of this judiciary are appointed by the President and confirmed by the Senate, and serve with no fixed terms. Justices and federal judges may serve a life term unless they resign or are removed through impeachment.
State and local governments mostly adopt the federal government system (composed of three branches), and vested by the Constitution with all the powers which can be exercised within their respective jurisdictions. State and local governments are headed by Governors and Mayors, respectively. The latter and the former serve for four (4) years. The State and Local governments are also responsible for managing the Federal elections every two (2) years.
The United States has the largest economy in the world for a long time with an estimated Gross Domestic Product (GDP) of 27.36 trillion US dollars and a growth rate of 5.2% in 2023. Service-based industries, real estate, finance and health make up 70% of the US GDP. Industry, including agriculture, mining, and construction, play the smaller role. Several factors such as continuous innovation, rich natural resources, productive workforce, and free-market system helped the US achieve economic development and stability.
The US is one of the leaders in technological advances in various industries such pharmaceuticals, aerospace, computers, and military equipment. The country is one of the largest manufacturers of automobiles, chemicals, medicines and pharmaceuticals, machineries, military equipment, telecommunications, electronics, and consumer goods in the world. The US has an estimated workforce of 164.29 million people in 2022.
The country’s main exports are soybeans, fruits, corn, and other agricultural products, organic chemicals and industrial supplies, semi-conductor, aircraft and vehicle spare parts, computers, telecommunications equipment, medicines, vehicles and other consumer goods. The US, on the other hand, imports crude oil and petroleum products, electric power machinery, toys, clothing, office machines, and furniture. US import and export trade partners are Canada, Mexico, Germany, Japan, and China.
The United States observes the K+12 Program like the Philippines and provides free public education. Children aged 6 to 18 are required to attend school. Enrolling in a private school is another option, however, tuition fees are relatively expensive. The United States Education System starts from preparatory stage which includes:
● Nursery
● Pre-kindergarten
● Kindergarten
After Kindergarten, the children will be assessed if they will fit to move to the first grade. The stages would be the following:
● Elementary from 1st to 5th grade
● Middle School from 6th to 8th grade
● High School from 9th to 12th grade
During the 11th grade, students should take the Standardized Achievement Test (SAT) to get into college or university. After completing their college education, students who wish to enroll in a graduate program must take the Graduate Record Exam (GRE). The school year in the United States usually starts in September and ends in June.
College or university education in the United States is not free. For those students who cannot pay for college, the student can apply for financial aid given by the US government or apply for scholarships in a specific college. One of the US government programs that provide financial aid to students without means to fund their college education is Free Application for Federal Student Aid.
Another option that may be considered is enrolling in a community college which offers two-year course programs and is less expensive. There are also vocational programs in the United States that will allow students to practice their chosen career right after college.
In the United States, there are also other alternatives such as home schooling that is offered usually by local district schools. However, an accredited program and supervision of an accredited teacher is required by law for teaching children at home.
The Star-Spangled Banner is the official national anthem of the United States. Francis Scott Key wrote the initial verse of the anthem on 14 September 1814 while looking at US soldiers raising a huge American flag while being bombarded by British naval forces in Fort McHenry in Baltimore, Maryland.
The song became a symbol of unity after the Civil War, and was adopted by the US Military in ceremonial songs like raising and lowering of flags in the late 19th century. In 1931, the US Congress passed a legislation declaring the Star-Spangled Banner as the official national anthem of the United States.
PART 2: IMMIGRATION POLICIES
1. Passport
A foreigner who wishes to enter the United States must possess a valid passport, or a document that adheres to international conventions.
2. Visa
A visa is required for certain nationals, depending on the duration of stay in the United States. Citizens of countries participating in the Visa Waiver Program (VWP), however, are allowed to stay up to 90 days in the US without a visa.
In general, a visa must be obtained from the United States embassy prior to travel. Filipino citizens have to apply for visas going to the United States. Applicants must set an appointment for the visa interview at the US Embassy to obtain a visa.
The Immigration and Nationality Act (INA) of 1952 provides the eligibility requirements and procedures for the admission of foreign nationals in the United States. The INA determines the admissibility of foreign nationals by establishing the procedures and conditions for granting visas for different purposes. There are two (2) main types of visa in the United States. These are the non-immigrant and immigrant visas:
1. Non-immigrant visas are granted for the purpose of temporary travel such as tourism, professional competition, diplomats or government officials, study, training, transit, medical treatment, temporary or seasonal work, artists or entertainers, exchange visitor, victims of human trafficking and other criminality, and prospective marriage.
2. Immigrant visas are issued to foreigners who intend to stay and reside permanently in the United States. These include spouses and children of US citizens and lawful permanent residents, adopted children of US citizens, parents of US citizens, siblings of US citizens, certain religious workers, permanent/immigrant workers, and Iraqi and Afghan translators/interpreters or who worked on behalf of the US government.
A permanent resident card or greencard is a plastic identification card that proves lawful permanent residency in the United States. The greencard contains the holder's biographical information such as name, photograph, fingerprint, alien number, date of birth, card number, date of expiration and other security features. Permanent residents must bring their greencard at all times whether inside or outside the United States. Most institutions in the US would require the greencard particularly when applying for a job, seeking admission in schools or higher education institutions, applying for US citizenship, applying for state identification card and social security number. The greencard facilitates re-entry of permanent residents in the United States after a short travel overseas. It is valid for 10 years and may be renewed within six (6) months before the expiration through filing Form I-90 at the United States Citizenship and Immigration Services (USCIS). Application for renewal or replacement of card can now be done online through the USCIS website.
Permanent residents in the US enjoy rights and privileges almost the same as US citizens (except for the right to vote) such as:
● Live and work permanently anywhere in the US
● Own property in the US
● Apply for a driver’s license in the state or territory where they reside
● Travel outside the US (although with certain conditions)
● Enroll in a public school and community colleges or state universities
● Join certain branches of the US armed forces
● Purchase or own a firearm (if permitted by state)
● Apply for US citizenship (subject to eligibility)
● Get social security, Supplemental Security Income, Medicare and other federal or state benefits (if eligible)
● Request visas for their spouses, and unmarried children to live permanently in the US
● Be protected by all laws of the US, their state of residence and local jurisdictions
Beginning 2013, all immigrants (with some exemptions) are required to pay the USCIS immigrant fee upon receipt of their immigrant visa package from the Department of State. The fee will cover the processing, handling of information, and delivery of green cards.
Conditional residents (greencard with two-year validity) must file Form I-751 before the USCIS within 90 days before the expiration of their greencards to remove the condition on their residency. It must be filed jointly by both spouses.
Pursuant to the US Constitution and the Immigration and Nationality Act of 1952, citizenship in the United States may be obtained by birth, descent, or naturalization.
1. Acquisition By Birth
US citizenship follows the principle of jus soli. A child born in the United States or certain territories and possessions subject to the jurisdiction of the United States acquires US citizenship. In addition, a child born to a US citizen parent(s) at the time of birth acquires US citizenship by birth.
2. Acquisition By Descent
Starting 27 February 2001, a child born outside the United States to a US citizen parent(s) may automatically obtain citizenship before the age of 18 if the child is a lawful permanent resident in the United States and under the legal and physical custody of the US citizen parent.
For a child who is residing outside the United States, the child may acquire citizenship if the US citizen parent meets the physical presence requirements in the US, and if the child is under his/her legal and physical custody. In addition, the child must be under 18 years of age, lawfully admitted in the US, physically present, maintains a lawful status in the US when the application and naturalization is approved.
3. Acquisition By Naturalization
US citizenship may be acquired through a naturalization process by filing the Form N-400 or Application for Naturalization before the USCIS. The following conditions must be met to become eligible for naturalization:
● Live in the United States as a lawful permanent resident for at least five (5) years continuously (3 years for spouses of US citizens or 1 year military service for those who served the US Armed Forces).
● Physical presence for at least 30 months or two (2) and a half years for the last five (5) years (18 months or one and a half years for spouses of US citizens).
● Live at least three (3) months in the state or USCIS districts where the naturalization is applied.
● Did not commit certain crimes five (5) years prior the application or applicant must be of good moral character.
● Knowledge in English (reading, writing and speaking) and US civics like US government and history by passing the citizenship exam.
Successful applicants will be notified by the USCIS about the time and schedule of the Oath of Allegiance through form N-445 or the Notice of Naturalization Oath Ceremony. After the oath taking ceremony, applicants will receive their Certificate of Naturalization that can be used for application of their US passports.
Permanent residents and US citizens may request visas for their family members to live permanently in the United States. The following are the qualified beneficiaries depending on the status of the petitioner:
Permanent Residents
● Spouse
● Unmarried children
US Citizens
● Spouse
● Children, and their spouse and unmarried children under 21 years of age
● Parents
● Brothers and Sisters, and their spouses and unmarried children under 21 years of age
The Sponsor must file the Form I-130 or Petition for Alien Relative at the USCIS to reunite with their family members. Petitions approved by USCIS will be sent to the Department of State’s National Visa Center (NVC) for pre-processing. By filing Form I-130, petitioner agrees that he/she will be the financial sponsor and must file an affidavit of support. The Form I-864 or Affidavit of Support is a document that must be signed by the petitioner accepting financial responsibility for his/her relative who is coming to the United States to live permanently. This will ensure that relative(s) will receive adequate financial support and will not rely on public benefits like food stamps, supplemental security income, and temporary assistance for needy families. To qualify for an affidavit of support, the law requires that sponsor income must be at least 125% of the federal poverty level or at least 100% for active duty military personnel when sponsoring husband, wife and children. The Federal Poverty Level is updated every year by the Department of Health and Human Services, www.aspe.hhs.gov.
Petitioners who do not meet the income requirements may be assessed based on their assets such as checking and savings accounts, stocks, bonds or properties. These assets may be considered in determining their financial capability. If the petitioner still failed to meet the financial qualifications, another person must complete a separate affidavit of support to become a joint sponsor. The joint sponsor must also meet all the requirements separately including income and financial qualifications.
Immediate family members may not get a visa immediately even if the USCIS approved their application. Depending on the country of origin, family members may still wait for a visa number to become available before they can apply for an immigrant visa. When the visas are available, they may start processing the visa application at the National Visa Center. They will be scheduled to report in the US embassy for interview and submission of documents, and take medical examinations, if necessary, to get their immigrant visas.
1. Legal Separation
An agreement of separation between spouses is legalized by a court. The agreement covers the custody of children and rights of visitation, division of property, as well as financial support of the spouse and other financial terms.
The spouses may live separately, though their marriage is still binding. In a legal separation, both spouses are not allowed to contract in another marriage since their marriage is not dissolved nor annulled. The marriage can only be terminated by means of divorce or death of one of the spouses.
Legal basis for legal separation may vary per state while some states in the US do not recognize legal separation at all.
2. Annulment
A court ruling that declares a marriage as void or not valid. In annulment, the marriage is not dissolved but considered as if the marriage did not exist. The following are some of the grounds for filing an annulment:
● Adultery
● Bigamy
● Incest
● Close blood relationship between spouses
● Unconsummated marriage
● At least one of the spouses is minor
● Misrepresentation or fraud
Annulment can be filed before the court any time after the marriage. Although, there are certain conditions that must be met to qualify. Likewise, requirements also depend on the state where the petition is filed.
In annulment, both parties return to their single status, and are allowed to enter another marriage. However, unlike divorce, annulment is more difficult to attain.
3. Divorce
This refers to the legal termination of marriage obtained from a court of competent jurisdiction. This happens when a judicial decree is handed down by a court declaring the marriage is already dissolved. There are two (2) types of divorce in the United States. These are the fault-based divorced and no-fault divorce:
● Fault-based divorce – one of the spouses is alleged for misconduct as a legal ground for filing a petition, such as adultery, bigamy, sterility, physical or mental abuse, incapacity to consummate the marriage, imprisonment, or abandonment.
● No-fault divorce – neither of the spouses has alleged misconduct but file a petition on the grounds of irremediable breakdown of the marriage, irretrievable breakdown of marriage, irreconcilable differences, or incompatibility of temperament.
A petition for divorce can be filed by both or either of the spouses before a State Court where they reside. Legal grounds for divorce may vary per state since it is governed by a state law. A divorce could take several months before a court makes a final decision. The decision covers child support and custody, spousal support, child visitation, division of property and debt, and other relevant matters. A contested divorce is more expensive and may take longer compared to an uncontested divorce.
After the petition is granted, both spouses return to a single status and are allowed to contract into marriage again.
4. Domestic Violence
In 1994, the Violence Against Women Act or VAWA was passed by the US Congress with the intention to address the issues on gender-based and domestic violence. The law established measures to respond on cases involving domestic violence, sexual assault, dating violence and stalking in the community, and mechanisms to provide support and assistance to the victims.
Since 1994, the law has been reauthorized and amended to expand its coverage, and ensure full protection of the victims:
● Reauthorization of Violence Against Women Act of 2000 – amendments include supervised visitation programs for families experiencing violence, identify additional crimes related to dating violence and stalking, improved legal assistance program for victims, and protection of migrants experiencing domestic violence particularly trafficked victims (granting of U and T visas).
● Reauthorization of Violence Against Women Act of 2005 – improved criminal and civil justice, and community-based response by creating federal funding to support rape crisis centers, enhancing programs for disabled victims, expanding services to children and teenagers, alleviate protection to immigrant women, and developing preventive measures.
● Reauthorization of Violence Against Women Act of 2013 – extends protection to Native Americans and members of the LGBTQ community which include empowerment of tribal courts to prosecute violators, even members of the tribe, improve assistance to the LGBTQ community and better resources for law enforcement.
● 2022 Violence Against Women Act (VAWA) Reauthorization
The Office on Violence Against Women (OVW) is an independent office within the Department of Justice who is primarily responsible for developing measures to reduce or prevent domestic violence incidents, and to establish strong support systems for victims of domestic violence. The OVW was established under the Department of Justice Appropriations Authorization Act of 2002.
The National Domestic Violence Hotline is a 24/7 support service for victims of domestic violence, sexual assault, gender-based violence and dating violence. It can be reached through calling 1-800-799-7233 (1-800-799-SAFE) or 1-800-787-3224 (TTY). Other support centers that may be contacted are:
National Coalition Against Domestic Violence
1-303-839-1852
National Center for Victims of Crime
1-855-484-2846 (1-855-4-VICTIM)
For emergency cases, victims may directly call 911 or the local police department for immediate assistance.
Pursuant to the Immigration and Nationality Act (8 USC 1227 Deportable Aliens), the following are some of the legal basis for deportation in the United States:
● Illegal entry or attempting to cross border without valid documentation
● Stay beyond the validity of temporary visa
● Revocation or termination of conditional residency
● Commission or participation in smuggling of human within five (5) years from the date of entry
● Marriage fraud
● Misrepresentation
● Failure to report change of address without valid justifications and document fraud
● Conviction of crimes such as moral turpitude, aggravated felony and high speed flight within five (5) years from the date of entry with a sentence of at least one (1) year
● Conviction of violating any laws related to controlled substance
● Drug addiction
● Conviction on certain firearm offenses
● Conviction of attempting to violate related to espionage, sabotage, treason, sedition with a sentence of at least five (5) years
● Conviction of crimes of child abuse, neglect or abandonment, stalking, violation of protection order and domestic violence
● Participation in criminal activities that will endanger public safety or national security such as terrorists activities or overthrow the US government by force or other unlawful means
● Engagement in criminal activities involving trafficking of persons
Foreign nationals, within the border of the United States, who are facing deportation have the right to be heard before an immigration court under the US Constitution. They have the right to be represented by an immigration lawyer in the legal proceedings while the case is being tried. Decisions of the immigration court may be appealed by either of the parties in the Board of Immigration of Appeals (BIA) up to the federal court system.
The Immigration and Customs Enforcement (ICE) is the authority responsible for the enforcement of court orders related to removal of illegal aliens in the US. The ICE is also responsible for arresting illegal migrants and managing the detention facilities for migrants while their case is still on-going. Illegal migrants attempting to cross the US border will be immediately removed except for reasons protected under the international law such as fear of persecution from the country of origin. In this case, foreigners will be authorized to enter the border to seek asylum or relief from removal. The USCIS and ICE will evaluate and assess the application before the Executive Office for Immigration Review (EOIR) judges or the BIA make a final decision whether to deny or grant protection benefits.
PART III – LABOR LAWS
1. Working Hours
An employee works on an average of eight (8) hours a day or 40 hours a week. In excess of 40 hours, the employee is entitled to overtime pay with at least 50% increased from regular pay per hour. Most companies operate between Monday to Saturday only, except for those that provide vital services to the public. Employees who report to work on Sunday or holidays are compensated either with pay or time off. Regulations on compensation, pay, and overtime may vary per state, industry, or sector.
It is not allowed to hire children below 18 years of age for certain jobs that are extremely dangerous, while working during school hours is not authorized for children below 16 years of age.
2. Minimum wages
The Fair Labor Standards Act (FLSA) protects the welfare of all employees by providing the minimum wage for both public and private sectors in the United States. Likewise, some states may also have minimum wage laws implemented within their jurisdictions. In case both federal and state minimum wage laws exist, the higher minimum wage will prevail. States without minimum wage laws adopt the federal minimum wage which is USD 7.25 per hour (2020).
The Wage and Hour Division of the US Department of Labor ensures that the states and the employers comply with the standards set by the FSLA. Minimum wage varies per state. The updated minimum wages in all states of the US are posted on the Wage and Hour Division website, www.dol.gov.
3. Leaves
Payment of vacation leave for federal and local holidays is not guaranteed under the federal law. These benefits are provided based on the agreement between the employer and the employees or the employees’ union. Most of the employees, in general, are given between 7 to 14 days leave each year after a year of service in the company.
Pursuant to the Family and Medical Leave Act (FMLA), employees are entitled up to 12 weeks of unpaid leave each year, if:
● They gave birth and will take care of their newborn child
● They adopt a child
● They need to take care for immediate family members due to their health conditions
● They cannot report to work because of serious health conditions
The law applies to all eligible employees in the public agencies and private companies with at least 50 employees. Eligibility requirements include at least 1,250 hours of service in the company within a period of 12 months.
4. Retirement Age
Full retirement age or normal retirement age in which an individual can receive full social security benefits varies. Currently, the full retirement age in the US are listed below:
*Individuals born on January 1st should refer to the previous year.
*If born on the 1st of the month, benefits will be figured as if the birthday was in the previous month.
Source: U.S. Social Security Administration
5. Labor Agreement
The rights of employees are protected under federal laws including their right to self-organize. The Labor-Management Reporting and Disclosure Act of 1959 (LMRDA or otherwise known as the Landrum-Griffin Act) is a federal law that protects the rights and interests of union members by establishing democratic system within the unions or labor groups. These include:
● Bill of Rights for union members
● Standard procedures for electing union officers
● Mandatory reporting of financial reports for labor unions and certain labor relations practices for employers, union officers and labor relations consultants
● Measures for protecting the union’ funds and assets
The law is enforced by the Office of Labor-Management Standards (OLMS) under the US Department of Labor, and is applicable for labor unions or organizations within the private sector.
Many of the provisions in the LMRDA, particularly the regulations in labor relation standards and mandatory reporting, are adopted in the Civil Service Reform Act of 1978 (CSRA). This law, however, guarantees protection of the rights of members of labor unions or organizations in the executive branch of the federal government. The law also provides members the right to be informed about their democratic rights upon joining the union and at least once in every three (3) years.
The OLMS also maintained the repository of registered Collective Bargaining Agreements in both public and private sectors. These documents can be also found on the US Department of Labor website, www.dol.gov.
Foreign nationals must be granted permission through a foreign labor certification from the U.S. Department of Labor before they can start working in the United States. Employers must seek for a labor certification before a petition can be filed in the USCIS. A prior authorization is required to ensure that hiring of local workers were prioritized, and that hiring of foreign workers will not affect their welfare and working conditions.
After the approval of the labor certification, employers can file the petition using the form available at the USCIS website, www.uscis.gov, appropriate for the category or class of workers. The USCIS will determine if the foreign worker is admissible pursuant to the Immigration and Nationality Act (INA). Eligible foreign workers will be granted a visa based on their category: seasonal, temporary or permanent worker. The following are some of the visa categories of foreign workers in the US:
Source: U.S. Department of State – Bureau of Consular Affairs
Most visa categories for foreign workers may be subjected to annual numerical limits set by law. The latter may still wait for a certain period before the visa becomes available, particularly those immigrant workers. Temporary work visa is usually valid for a year to three (3) years, and may be extended up to five (5) or six (6) years depending on the category.
Federal legislations prohibit discrimination in the workplace based on sex, disability, race, color, nationality, religion, and age including retaliation of employers and sexual harassment. These laws guarantee the equal protection and opportunities to all employees as well as job applicants:
● Equal Pay Act of 1963 – protects both men and women from sex-based discrimination working in one company under the same condition.
● Title VII of the Civil Rights Act of 1964 – forbids discrimination of employees and job applicants based on sex, race, color, religion and nationality.
● Anti-Age Discrimination in Employment Act of 1967 – guarantees protection to individuals aged 40 and older from employment discrimination based on age.
● Americans with Disabilities Act and Rehabilitation Act of 1973, Sections 501 and 505 – prohibits discrimination of employees and job applicants based on physical and mental disabilities.
● Civil Rights Act of 1991 – includes provision on recovery of damages for intentional employment discrimination.
● Title II of the Genetic Information Nondiscrimination Act of 2008 – prohibits employment discrimination based on genetic information such as genetic tests of employees and their immediate relatives.
● The Pregnancy Discrimination Act – prohibits employment discrimination based on pregnancy or medical conditions related to pregnancy.
● Equal Employment Opportunity Act – the law provides equal employment opportunities to all individuals and protects employees from the retaliation of their employers within the bounds of the laws.
The Equal Employment Opportunity Commission (EEOC) is responsible for the enforcement of laws on discrimination in the workplace. Federal laws related to discrimination in the workplace cover federal agencies and companies with at least 15 or 20 employees depending on the ground of discrimination. Likewise, other federal agencies such as the Office of Special Counsel (OSC) and the Merit Systems Protect Board (MSPB) enforced federal laws related to the protection of federal employees against prohibited personnel practices.
PART IV – SOCIAL SECURITY LAWS
The Social Security Administration (SSA) is a federal agency that administers the social security programs in the US. These include social insurance, health insurance and services, social welfare and assistance programs for specific groups in the US. The social security program is funded by social security taxes to provide income and support to eligible beneficiaries such as retirees, physically-challenged people and their immediate family members.
The following are the social security programs in the US:
1. Social Insurance Programs
1.1 Old-age, Survivors, and Disability
This benefit is provided for eligible individuals who lost their income due to retirement, death or disability. Almost all workers in the US, including those who worked outside the country to US employers are covered by the program. Individuals must meet the minimum number of contributions in social security to qualify for the Retirement and Survivors Insurance, and Disability Insurance benefits. The amount of benefit will be computed based on the applicant’s circumstances (i.e. age, annual or averaged income).
The full retirement age is between 65 and 67 depending on the applicant’s year of birth. At the age of 62, individuals may start receiving partial or reduced benefits until reaching the full retirement age. For those who were born after 1937, reduction to their benefits is higher compared to those who were born before 1938 when they retire at the age of 62. Individuals who delayed their retirement after the full retirement age may receive delayed retirement credits. The credit is an increase on the benefit every month until the age of 70. The amount of increase will be computed based on the birthdate and the number of months the benefits is delayed. The Social Security Administration (SSA) provides more information about retirement plans and benefits in their official website, www.ssa.gov.
1.2 Unemployment
Employees, who have lost their jobs involuntarily, may apply for the unemployment benefits for a certain period of time. This program aims to provide assistance to eligible employees while looking for their new job. To qualify, employees must register with the public employment office, meet the income requirement, be employed for a certain period and capable of working. The benefit would depend on the income of the employee, and may be reduced if the employee is receiving worker’s compensation, pension or back pay.
1.3 Worker’s Compensation
This program provides benefits in times of temporary or permanent incapacity for work due to occupational injuries or diseases. Most of the salary and wage earners are covered by the program except for those railroad employees and maritime workers. However, programs in some states may not include certain groups such as domestic and agricultural workers, religious workers, and elected or appointed officials. The benefits of the program may be in cash payments, medical services, and funeral and death benefits. It will be based on the income of the worker and other circumstances.
1.4 Temporary Disability
Most commercial and industrial workers in private sectors may be eligible for sickness or temporary disability benefits. This is a partial compensation for workers who cannot perform their work due to non-occupational injuries. In some states, employees of the state and local governments, and public officials are also covered by the program. Workers with disabilities must have at least the minimum income required to qualify for the benefits which is calculated based on the actual income of the worker during the employment. The duration of payments is between 26 to 52 weeks depending on the total earnings and length of employment.
2. Health Insurance and Health Services
1.1 Medicare
This is the health insurance system for ages 65 and older which is composed of Part A: Medicare and Part B: Supplementary Medical Insurance (SMI).
At the age of 65, those who are qualified for monthly social security benefits may be eligible under Medicare (Part A). These include disabled people under the age of 65 (have been entitled to more than 24 months of social security disability benefits or government work is covered under the Social Security Act) and those with end stage kidney disease who met the requirements under the social security. Applicants must be a US citizen or lawful permanent resident and have resided in the US for at least five (5) years on the day of application to become eligible. For those who are not eligible, aged 65 and older, they may pay the monthly premium for health insurance coverage depending on their number of social security contributions.
Supplemental Medical Insurance (Part B) may be availed by paying the monthly premium in the social security. Most of the residents and those covered by Part A may be eligible for the Part B. Medicare (Part A) covers hospital and home health services while primary health care services such as clinical laboratory test, medical supplies and ambulance services are covered by Part B. Medical services provided outside the border of the US or its territories are not covered by the Medicare.
1.2 Medicaid
This is the health insurance program for low-income individuals and families in the United States. These include recipients of Supplemental Security Income (SSI), pregnant women, infants, and children with income below the federal poverty level. Medicaid is jointly funded by the federal and state governments to provide health and medical services to eligible individuals and families. Health coverage may vary since state governments have the option to provide additional medical services within its jurisdiction.
Migrants who recently arrived in the US may not be eligible for Medicaid.
3. Assistance Programs
1.3 Supplemental Security Income (SSI)
People who are blind or disabled with low income or no financial resources may qualify for the Supplemental Security Income (SSI). Eligibility requirements include at least 65 years of age, blind or with disability and earnings within the income level set by the law. SSI is mostly limited to Americans living in the United States. However, certain refugees or lawful permanent residents may also qualify depending on their circumstances.
1.4 Temporary Assistance for Needy Families (TANF)
This program covers benefits available for families with low household income and dependent children. The benefits include financial assistance and childcare support including work opportunities for eligible families. Almost all beneficiaries must work with the prescribed hours (depends on the circumstances) after two (2) years of receiving the benefits. The latter will be assessed based on their skills to identify needs (i.e. training, education) for job placement.
1.5 Food and Nutrition Assistance
The program ensures that needy families will have access to healthier diet, and school-aged children with healthy meals for free or least payment. The federal and state governments fund this program to ensure that families and children maintain good health and have proper nutrition by providing free or subsidized nutritious meals. The Food and Nutrition Assistance includes the Food Stamp Program, National Schools Lunch and School Breakfast Program and Special Supplemental Nutrition Program for Women, Infants and Children. Eligible families will receive a coupon every month which they can redeem at retail food stores. The latter could also redeem benefits through the Electronic Benefit Transfer (EBT).
Refugees and asylees may be eligible for the benefits five (5) years after granting their status. Lawful permanent residents must have at least 40 qualifying quarters of work to become eligible. The program also provides food and nutrition counseling, and healthcare education and medical referrals.
1.6 Housing assistance
Eligible individuals or families may avail for safe and decent housing funded by the government at an affordable rent. Families with low household income, elderly and disabled persons may benefit from this program. The amount of rent or the Total Tenant Payment (TTP) will be computed based on the income of the beneficiary.
4. Low-Income Energy Assistance
A financial assistance provided by the federal government to subsidize the energy expenses of low-income families (heating and cooling), and the costs of repairs and maintenance related to energy savings in their home. The state government administers the program, determines the eligibility requirements and the amount of benefits to be granted. The assistance is directly received by the eligible families in forms of cash or voucher. The state government may also send the assistance to the energy suppliers such as utilities companies or to their respective representatives.
5. General assistance
Low-income individuals and families, who are not eligible in major assistance programs, may be eligible for this benefit. This includes low-income families who receive social security assistance but not sufficient to support their needs. Coverage and the amount of the assistance differ from each state since the program is administered and funded by the state and local governments. The benefits may be in cash or form of assistance such as groceries. The duration of assistance is shorter compared to those assistance provided by the federal government.
6. Earned Income Tax Credit (EITC)
A scheme from the federal government which aids low-income families with their daily costs of living by reducing the taxes they owe. Household income below the poverty level and eligible dependent children are qualified for tax credit. The benefit would depend on the earnings of the family, number of qualified children, and gross income.
PART V – SETTLEMENT CONCERNS
The Social Security Number or the SSN is a nine-digit identification number assigned to individuals by the US government. The Social Security Administration or the SSA grants the SSN in the United States. The SSN is used to report wages to the government, determine social benefits and receive some government benefits. It helps the government monitor individual income and the benefits claimed from the government. SSN may be required to present when opening a bank account, applying for a driver's license in the state or applying for a scholarship in school.
The SSN may be applied in any SSA office by filing SS-5 Form or the Application for Social Security Card. Applicants must bring their birth certificate or other documents that show date of birth like passport and permanent resident card, or other documents that show the applicant’s status like their passport with immigration stamp on visa label or the Temporary I-551. The SSN card will be mailed after the SSA verified all the documents needed for application.
Immigrants may also apply for SSN through their immigrant visa application or the DS-260 Form. The Departments of State and Homeland Security will send all the information needed to the SSA who will assign a number for every immigrant. The SSN Card will be delivered to the same mailing address where USCIS sends their permanent resident card within three (3) weeks upon arrival in the United States.
Opening a bank account is one of the things to do upon arrival in the United States. It will help manage everyday financial transactions like buying or purchasing since most financial transactions in the US are through banks or online. Also, it will help achieve financial goals whether short, mid or long term, and it is the initial step to establish a good credit history or credit score.
In general, these are the steps to be taken to open a bank account:
Step 1. Research. Banks come in different sizes and various types, and often offer different ranges of services and fees. It is important to research for a bank that is suitable with personal lifestyle, goals, and needs. One can search online through their official websites, ask someone like friends, relatives or office mates that are clients or familiar with the bank services, or may ask questions directly to a bank representative.
Step 2. Know more about the prospective bank. Consult the bank representatives about the requirements to open a bank account. Do not hesitate to ask further questions to clarify things like interest rates, service charge, banking hours. Ask more about the services they offer like ATM machine locations, withdrawal limitations, and corresponding fees.
Step 3. Determine the type of account. Familiarizing yourself with different types of accounts is very important. The most common bank accounts are savings and checking accounts. Ask the bank representative more about the differences between types of bank accounts like interest rates, initial deposits, minimum balance required and fees to compare and before making a decision.
Step 4. Gather the requirements. Before going to a prospective bank make sure that all the documents needed are ready. Each bank has its own requirements for opening a bank account. Make sure to verify it with the bank representative. The standard requirements of banks, however, are Social Security Number, valid identification card with photo such as passport, driver’s license, state identification card, and Individual Tax Identification Number or ITIN for some banks. ITIN can be obtained through filing W-7 Form or the Application for Individual Tax Identification Number at the Internal Revenue Service or IRS. Some banks also require additional deposit. Consult the bank representative should additional deposit be required aside from the requirements before going to the bank.
Step 5. Head to the Bank. Check with the bank representative if an appointment is needed before going to the bank. Make sure to bring the complete requirements and present it to the bank representative. Accomplished forms may be required to open a bank account.
Make sure to compare the different services offered by different banks including different bank accounts before making a decision. Compare different services available like phone, mobile and e-banking for convenience. Read carefully the terms and conditions before signing.
The emergency hotline in the United States is 911. The hotline is used to report emergency cases particularly during fire, crime in progress, vehicular collision especially if someone is injured or medical emergency. When you call 911, the operator will ask for important information such as location of the emergency, nature of emergency, phone number and other details of the emergency. The 911 operators are trained to assess situations and can provide step by step instructions, and will redirect calls to local services such as police, ambulance, or fire department.
There are also organizations whose main advocacy is protection against domestic violence. Some of these organizations are (aside from the National Domestic Violence Hotline):
National Sexual Assault Hotline
Telephone number: 800 6564673
National Child Abuse Hotline
Telephone number: 800 4224453
Local community is also a good source of basic services that includes public schools, police, fire department, local courts, hospitals and animal or pest control centers, and community organizations called the Social Service Organization that provides support and assistance for immigrants. These organizations offer a range of services from legal assistance to free classes such as language and various kinds. The USCIS has a list of specific community organizations in the United States in their website, www.uscis.gov.
Senior citizens in the United States may avail various services and benefits to enjoy while staying in the United States. The usa.gov website offers a pool of government resources for senior citizens in the United States such as adult education, health benefits and medical facilities, retirement planning including travel and recreational ideas.
The United States has English as Second Language Programs or the ESL. This program is intended for immigrants who came from a non-English speaking country to help them adjust in their new life in the United States by learning English. Immigrants are assessed based on their present English skills to determine whether to attend basic, intermediate or advanced courses. This will help migrants to learn the language faster by attending the appropriate language skills training.
Immigrants can also learn English at the comfort of their homes through the online courses. There are English classes available online that are sometimes free of charge or less expensive. Courses that are offered online often include tips, educational activities, exercises and videos.
International driver’s license or foreign license may be used in the United States within a certain period, and with certain restrictions depending on the issuing country. Lawful permanent residents of the United States, however, should apply for a driver’s license in the state where they reside.
One of the important identification cards in the United States is a driver’s license since it is government issued. It allows the holders not only to drive anywhere in the United States but also serves as a main identification card. In the United States, each state issued its own driver’s license. Regulations, procedures and requirements for application may vary per state so it is advised to contact the local Department of Motor Vehicle or the DMV to verify before going to their office.
In general, the following procedures are applied for applying a driver’s license:
Step 1. Study. Applicants should familiarize themselves with the traffic rules and regulations including the road system in their state. Applicants can download a DMV Driver’s Manual or go to the DMV office to get one, and should read and understand itl in preparation for the written exam.
Step 2. Take the written exam at the DMV. Report on time at the DMV. If possible, come to the DMV earlier to have some time to relax and review. Applicants should pass the exam to get a learner’s permit.
Step 3. Take driving lessons, if necessary. The learner’s permit only allows the holder to drive in the presence of a person with a driver's license. Driving alone using the learner’s permit is not allowed. It can only be used for practicing in preparation for the road test.
Step 4. Take the road test. Driving and parking skills, as well as familiarity with the traffic rules and regulations will be evaluated during the road test. Applicants must observe the basics in driving like using your seatbelt, and checking accessories like mirrors. Usually, applicants need to bring his/her own car or rental car for the road test. Applicants should also need to bring proof that the car has sufficient insurance.
Step 5. Provide other requirements. Submit the complete requirements and documents, take eye exam, picture taking, and pay the authorized fee.
Step 6. Claim your driver’s license. Driver’s license may be released immediately or will be sent by mail depending on the state.
It is important to be familiar with the rules and regulations on traffic of different states before driving, as policies vary from state to state. Minimum age requirement also varies by state from 14 to 18 years old.
The valid Philippine driver’s license may be recognized in some states for a specific duration. This must be checked with the local authorities before driving in a particular state.
PART VI – SUPPORT NETWORK
Embassy of the Philippines in Washington
1600 Massachusetts Avenue NW
Washington D.C. 20036
Tel. No.: 1-202-467-9300 / 467-9363
Fax No.: 1-202-328-7614 / 467-9417
Duty Officer No.: 1-202-368-2767
ATN: (202) 769-8049
Email addresses: washington.pe@dfa.gov.ph; consular@phembassy-us.org
Website: www.philippineembassy-usa.org
Philippine Consulate General in Agana
590 Marine Drive Corps, Suite 601-602, ITC Building,
Tamuning, Guam 96913
Tel. No.: 1-671-646-4630
Fax No.: 1-671-649-1868
Duty Officer No.: 1-671-488-4630
Email addresses: agana.pcg@dfa.gov.ph and pcgagana@gmail.com
Website: www.aganapcg.dfa.gov.ph
Philippine Consulate General in Chicago
122 S. Michigan Avenue, Suite 1600
Chicago, Illinois 60603
Tel. No.: 1-312-583-0621
Fax No.: 1-312-583-0647
Duty Officer No.: 1-312-810-3019
Cultural: (773) 900-1690
Email addresses: chicagopcg@att.net
Website: www.chicagopcg.dfa.gov.ph
Philippine Consulate General in Honolulu
2433 Pali Highway
Honolulu, Hawaii 96817
Tel. No.: 1-808-595-6316 up to 6319
Fax No.: 1-808-595-2581
Duty Officer No.: 1-808-253-9446
Email addresses: honolulu.pcg@dfa.gov.ph
www.honolulupcg.dfa.gov.ph
Philippine Consulate General in Houston
9990 Richmond Avenue, Suite 100N
Houston, Texas 77042
Tel. No.: 1-346-293-8773
Duty Officer No.: 1-346- 256-4522
Email addresses: houston.pcg@dfa.gov.ph; pcghouston.vc@gmail.com (Administrative Section); pcghouston.atn@gmail.com (ATN Section); pcghouston.cultural@gmail.com (Cultural Section) and pcghouston.consular@gmail.com (Consular Section)
Philippine Consulate General in Los Angeles
3435 Wilshire Boulevard, Suite 550
Los Angeles, California 90010-1935
Tel. No.: 1-213-639-0980 (Trunkline)
Fax No.: 1-213-630-0990
Emergency: 1-213- 268-9990
ATN Officer: 1-323- 528-1528
Email address: losangeles.pcg@dfa.gov.ph
Website: www.philippineconsulatela.org
Philippine Consulate General in New York
556 Fifth Avenue
New York, New York 10036
Tel. No.: 1-212-764-1330
Fax No.: 1-212-764-6010 / 382-1146
Duty officer: 1-917- 294-0196
Email addresses: newyork.pcg@dfa.gov.ph; phcongen.newyork@gmail.com
Website: www.newyorkpcg.dfa.gov.ph
Philippine Consulate General in San Francisco
447 Sutter St., 6th floor
San Francisco, California 94108
Tel. No.: 1-415-433-6666
Fax No.: 1-415-421-2641
Duty officer: 1-415- 269-2090
ATN no,: 1-415- 748-9888
Email address: sanfrancisco.pcg@dfa.gov.ph
Website: www.pcgsanfrancisco.org
REFERENCES
Handbook for Filipinos Migrating to the United States of America (2019 Edition). Commission on Filipinos Overseas (CFO).
Internet Sources
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Website: www.dfa.gov.ph
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Website: www.travel.state.gov
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Website: www.whitehouse.gov
(2020). United States Federal Trade Commission. Retrieved on 21 April 2020.
Website: www.ftc.gov
(2020). United States Equal Employment Opportunity Commission. Retrieved on 21 April 2020.
Website: www.eeoc.gov
(2020). United States Department of Justice. Retrieved on 21 April 2020.
Website: www.justice.gov
(2020). United States Citizenship and Immigration Services (USCIS). Retrieved on 21 April 2020.
Website: www.uscis.gov
(2020). The Official Website of the United States of America. Retrieved on 21 April 2020.
Website: www.usa.gov
(2020). United States Department of Labor. Retrieved on 21 April 2020.
Website: www.dol.gov
(2020). US Department of Labor Wage and Hour Division. Retrieved on 21 April 2020.
Website: www.dol.gov
(2020). US Department of Labor Office of Labor-Management Standards (OLMS). Retrieved on 21 April 2020.
Website: www.dol.gov
(2020). The National Domestic Violence Hotline. Retrieved on 21 April 2020.
Website: www.thehotline.org
(2020). United States Social Security Administration (SSA). Retrieved on 21 April 2020.
Website: www.ssa.gov
(2020). Focus Economics. Retrieved on 21 April 2020.
Website: www.focus-economics.com
(2020). AllLaw. Retrieved on 21 April 2020.
Website: www.alllaw.com
(2020). National Geographic Kids. Retrieved on 21 April 2020.
Website: www.kids.nationalgeographic.com
(2020). History. Retrieved on 21 April 2020.
Website: www.history.com
(2020). HG.org Legal Resources (US Divorce Law Center). Retrieved on 21 April 2020.
Website: www.hg.org
(2020). Visit the USA. Retrieved on 21 April 2020.
Website: www.visittheusa.com
(2020). Just Landed. Retrieved on 21 April 2020.
Website: www.justlanded.com