| Employment-Based Visas - Labor Certification - Availability of Native Workers - Lawful Rejection of U.S. Workers |
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| Employers who wish to bring in alien labor must apply for and receive labor certification for those workers. The United States Department of Labor decides these applications, determining, among other things, whether sufficient native workers are available to fill the positions. To be considered in the pool of sufficient workers, natives must be able, qualified, willing, and available for the job. More... |
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| Alien Rights - Political Rights |
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| When an alien enters the United States, he or she obtains various rights. Political rights is one area of rights, however, which is substantially restricted for aliens. Nonresident aliens have virtually no rights to participate in the United States political process. Some resident aliens, on the other hand, do acquire certain rights. In addition, political rights are generally more restricted at the federal level than at the state or local level. More... |
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| Visa Types - Lawful Permanent Resident Spouse And Child - V-1, V-2, V-3 |
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| In addition to eligibility for a permanent visa under the family second preference, the alien spouse and children of a permanent U.S. resident are eligible for nonimmigrant visas, designated V-1, V-2, and V-3 visas. The V series is designed to allow qualifying aliens to wait in the U.S. for their permanent immigrant visas to be issued. Aliens applying for V visas must have petitions for immigrant visas pending.
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| Immigrant Visas - Employment-Based Visas - Labor Certification - Availability of Native Workers |
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| The United States Department of Labor (DOL) is required to pass on applications for labor certification relating to immigrants in some of the employment-based categories. One of the two findings the DOL must make to warrant certification is that sufficient native workers do not exist at the place of an alien's intended employment, thus warranting the employment of alien labor. This can be a complex determination, involving some general criteria, as well as business necessities related to the particular job. This article discusses general criteria that, in the exercise of discretion, the DOL considers when deciding whether adequate U.S. workers are available. More... |
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| Controlling Alien Admission - Introduction - Data Management Improvement Act Task Force - Recommendations to Congress |
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| In 2000, the United States Congress passed the Immigration and Naturalization Service Data Management Improvement Act. This Act created a task force to consider how to improve traffic at U.S. ports of entry while also enhancing national security. Two years later, this function was transferred to the Department of Homeland Security (DHS). More... |
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