| Controlling Alien Admission - Immigrant Visas - Employment-Based Visas - Labor Certification - Applications - General |
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| Employers, public or private, who wish to hire aliens to fill open positions must obtain labor certifications from the United States Department of Labor (DOL). Although a few occupations have blanket certifications, the majority of labor certifications are obtained through individual certification applications. Either aliens or employers may file the applications or supporting documents, or their agents or attorneys may do so on their behalf. In either case, the proper preparation and filing of the application is extremely important.More... |
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| Immigrants - Farmworkers - Special Agricultural Workers - Applications |
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| Alien farmworkers who wished to establish their eligibility for the special agricultural worker (SAW) program were required to file an application within a statutorily designated period of time. Although penalties were imposed for the making of false statements, farmworkers who filed nonfrivolous applications received certain benefits while their applications were pending. To assure farmworkers that neither they nor their families would suffer due to information provided on SAW applications, such as through deportation, welfare fraud, or tax evasion, the governing statute explicitly made the applications confidential. More... |
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| Alien Crewmen - Longshore Work |
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| In discussing the activities of an alien crewman aboard a sea vessel, section 101(a)(15)(D)(i) of the Immigration and Naturalization Act (INA) provides that the alien's "normal operation and service on board a vessel'' does not include "longshore work." Section 258 of the INA examines longshore work in detail. More... |
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| Penalties for Unlawful Employment of Aliens |
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| Section 274A of the Immigration and Naturalization Act (INA) discusses the illegal employment of unauthorized aliens and sets forth penalties for employers.More... |
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| Immigrant Visas - Employment-Based Visas - EB2/Advanced Degrees Or Exceptional Abilities |
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| Because the United States allocates its annual allotment of many alien visas using a preference system, understanding the criteria by which aliens may qualify for visas is crucial. Three categories of aliens may qualify for EB-2 visas. The first category includes aliens with advanced degrees or their equivalents. The second category includes aliens whose exceptional ability in science, art, or business will provide a substantial benefit to the U.S. economy, to the cultural or educational interests of the U.S., or to the U.S. welfare. The third category consists of physicians who will provide medical services in an underserved area.
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