UNITED STATES IMMIGRATION LAWS
The threat of terrorism triggered Congressional and administrative actions that have dramatically changed United States immigration laws. The most significant change arose from the Homeland Security Act of 2002 that transferred immigration enforcement and adjudication services functions from the now defunct Immigration & Naturalization Service into the Department of Homeland Security. Security and enforcement concerns have taken priority over timely adjudications of applications for immigration status submitted by employers for foreign national employees as well as by U.S. citizens for their relatives. Immigration laws are constantly changing.
This is a heavily regulated field with laws intended both to protect the United States workforce and to unify families. Congress must juggle competing interests in determining immigration policy: employers want to be able to hire skilled foreign labor, while labor unions and professional societies want to improve wages and working conditions for employees; immigrant families want to bring their relatives to the U.S., while the quota system lags ever farther behind; a global economy demands decreasing barriers, while an influx of unlawful immigration and the threat of terrorism results in tightening controls. The U.S. Citizenship & Immigration Services (CIS) concentrates on the intent of the individual: Is he/she an intending immigrant or nonimmigrant? The wrong answer might result in a return trip to the home country. Nonimmigrant status is temporary: one may only remain in the U.S. for a limited period of time. Immigrant status, commonly called "green card" status, signifies that a person has been granted permanent resident status and may reside in the U.S. indefinitely. These government websites provide useful information about immigration laws: www.uscis.gov (U.S. Citizenship & Immigration Services) (U.S. Department of Labor) (U.S. Department of State) (Texas Workforce Commission)
II. IMMIGRANT STATUS: EMPLOYMENT‑BASED
Generally either a close family relative or an employer must sponsor someone for immigration. The first method relies on a close tie to a U.S. citizen or permanent resident. If a foreign national does not have such a relative, he/she might qualify under one of the employment‑based categories. Currently the Immigration & Nationality Act sets an annual limit of 226,000 immigrant “preference” numbers for family‑based categories, and 143,949 immigrant “preference” numbers for employment‑based categories. The per-country limit for preference immigrants is now 25,896.
Employment‑Based Categories
1st Preference: Extraordinary Ability
Outstanding Professors & Researchers Managers & Executives
2nd Preference: Advanced Degree Professionals
Exceptional Ability
3rd Preference: Professionals (Bachelors degree)
Skilled Workers (two years training)
Other Workers (unskilled) 4th Preference: Special Immigrants (religious workers)
5th Preference: Immigrant Investors
The First Preference is for "priority workers" and includes individuals of extraordinary ability, outstanding professors or researchers, and certain executives and managers of multinational corporations. Because Congress regards them as priority workers, they are exempt from Department of Labor requirements for labor certification.
The first subgroup of the priority worker category is reserved for applicants with extraordinary ability in the sciences, arts, education, business, or athletics. The CIS considers "extraordinary ability" to be a level of expertise indicating that the individual is one of a few who have risen to the top of his/her field. The petitioner must demonstrate extraordinary ability through extensive documentation showing sustained national or international acclaim, and that the foreign national’s achievements have been recognized by others in the field of expertise. The regulations provide a list of criteria for guidance, which are summarized below: § Major prizes or awards.§ Memberships in organizations which require outstanding achievement.§ Cites to or articles about the individual’s work.§ Participation as a judge of the work of others.§ Evidence of original scientific, scholastic, artistic, athletic or business‑related contributions.§ Authorship of scholarly articles.§ Artistic exhibitions or showcases.§ Performance in a leading or cultural role for organizations that have a distinguished reputation.§ High salary in relation to others in the field.§ Commercial success in the performing arts.§ Other comparable evidence.
2. Outstanding Professors or Researchers
The second subgroup of the priority worker category is reserved for certain professors or researchers who are internationally recognized as being outstanding in specific academic areas. The applicant must have at least three years teaching or research experience. Under certain conditions the CIS will count teaching or research experience gained while working toward an advanced degree. The individual must either be (a) in a tenure‑track position teaching or conducting research at a university, or (b) in a research position with a private employer who employs at least three full‑time researchers and who has achieved documented accomplishments in the academic field. As with extraordinary ability, the petitioner must demonstrate outstanding ability through extensive documentation showing international recognition in the field. The regulations provide a list of criteria for guidance, which are similar to extraordinary ability: § Major prizes or awards.§ Membership in organizations which require outstanding achievement.§ Cites to or articles about the individual’s work.§ Participation as a judge of the work of others.§ Evidence of original scientific research.§ Authorship of scholarly articles or books
3. Multinational Executives and Managers
The third subcategory of priority workers is reserved for certain executives and managers of multinational companies. To be eligible the manager or executive must have been employed at least one of the three preceding years by the overseas parent, subsidiary, affiliate, or branch of the U.S. employer. They must have filled a position in a managerial or executive capacity for at least one year, and be coming to the U.S. to fill a position in a similar capacity. The petitioner must document that the proper relationship exists between the two entities. In some cases a joint‑venture may be acceptable to the CIS. In situations where there is less than 50% ownership, there might be equal control and veto power. The CIS definition of "managerial capacity" includes both managers of an organization and managers of a function; however, first line supervisors are not considered managers unless the employees they supervise are also professionals.
The Second Preference category includes members of the professions holding advanced degrees, and those who have exceptional ability in the sciences, arts or business. The CIS regulations define a profession as an occupation that requires at least a Bachelor’s degree to enter into the field. An employee seeking to enter in this category must obtain a labor certification from the Department of Labor unless the CIS determines that a waiver of the labor certification requirement would be in the "national interest." A labor certification certifies that the employment of the foreign worker in a particular position will not adversely affect the U.S. labor market.
This subcategory requires the professional to have at least a Master’s degree or equivalent. An advanced degree means any degree higher than a Baccalaureate degree. The CIS will also consider an applicant who has a Baccalaureate degree plus five years of progressive experience in the profession to be equivalent to a Master’s degree. Note that to require five years of experience in a job offer for purposes of labor certification may conflict with minimum job standards set by the Department of Labor. For this reason it may not always be possible to include an individual’s full experience to meet the advanced degree category.
This subcategory is reserved for those who have "exceptional ability" in the sciences, arts or business, and who will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States. The CIS is looking for a level of expertise significantly above that ordinarily encountered in the field. It is lower than the "extraordinary ability" standard, and has different guidelines:
Degree relating to area of exceptional ability.
Ten years of experience.
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Professional license.
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High salary in relation to others in the field.
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Membership in professional associations.
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Recognition for achievements and significant contributions.
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Other comparable evidence.
C. Third Preference
The Third Preference category includes professionals who hold a Baccalaureate degree (or foreign degree equivalency); skilled workers capable of performing a job requiring at least two years of training or experience; and "other workers," who are defined as those who work in positions requiring less than two years of training or experience. Visas are equally available to professionals and skilled workers under this category. Congress has limited the quota for "other workers" to only 10,000 visas per year. All employees seeking to enter in the Third Preference category must obtain a labor certification from the Department of Labor.
The Fourth Preference category is for Special Immigrants, which primarily includes ministers and religious workers. To be eligible, the applicant must have been a member of a religious denomination that has had a bona fide non‑profit religious organization in the U.S. for at least the two years immediately preceding the application. The applicant must be entering the United States to work (1) as a minister of religion, (2) for the organization in a religious capacity, or (3) for the organization or a related tax‑exempt entity in another professional capacity. The applicant must have been carrying on such work as a minister, professional or other worker for at least two years preceding the application. The applicant must have at least a Baccalaureate degree to qualify as a religious professional. A combination of experience and education may not be substituted for a Baccalaureate degree.
The Fifth Preference category is for foreign investors. It allows conditional residency for a person who invests $ 1 million (or under certain circumstances $500,000) in a new commercial enterprise that employs ten full‑time U.S. workers. The investor must directly manage the business or at least be involved through policy formation. A "new commercial enterprise" includes creating a new business, purchasing a business and reorganizing it, or expanding an existing business by forty percent. The investment might be in cash or cash equivalents, equipment, inventory, or other tangible property. Indebtedness secured by the assets of the entrepreneur might also be considered part of the investment.
III. LABOR CERTIFICATION
For most employees, labor certification will be a prerequisite for obtaining employment‑based permanent residence. The Immigration & Nationality Act requires that any foreign national who seeks to enter the U.S. to perform skilled or unskilled labor is not admissible unless the U.S. Secretary of Labor certifies that there are not sufficient U.S. workers available for the position, and that employment of the foreign national will not adversely affect the wages and working conditions of similarly employed U.S. workers. The labor certification program for the permanent employment of aliens in the U.S. is administered by the Dept of Labor’s Employment & Training Administration (www.doleta.gov).
How does it work? The labor certification process involves a test of the labor market to ensure that the employer is not overlooking minimally qualified U.S. workers for the position. The employer must perform certain recruitment steps, evaluate each applicant’s background, and determine whether any are qualified for the position. Upon conclusion of the recruitment activities, the employer must prepare a recruitment report and file an Application for Permanent Employment Certification (ETA Form 9089) with one of the ETA’s National Processing Centers. In order to ensure that U.S. workers will not be adversely affected by the foreign worker’s employment, the employer must offer a salary that meets at least the prevailing wage as determined by the state’s workforce agency (e.g., the Texas Workforce Commission). The state agencies will typically rely upon the Service Contract Act (SCA) and Occupational Employment Statistics (OES) surveys found at www.flcdatacenter.com. Employers may also submit private surveys for consideration, but there are stringent criteria governing how the survey was conducted, its sampling size, and how the median or mean wage was calculated.
Who must be considered? The employer must consider any U.S. workers who apply for the position, but does not need to consider non-U.S. workers (e.g., F-1 students and H-1B temporary workers). The employer must determine the minimum job requirements for education and experience, but may not tailor these job requirements to the foreign worker’s background, nor include any unduly restrictive job requirements or duties in the job description. The ETA’s Certifying Officer will utilize the O*NET (www.onetcenter.org) to evaluate and determine if the employer’s stated job requirements and duties are normal to the occupation involved. The O*NET is based upon the Standard Occupational Classification (SOC) system used by Federal statistical agencies to classify workers into occupational categories for the purpose of collecting, calculating, or disseminating data. As a general rule, the employer may not include as a requirement any experience which the foreign worker has gained in the position with the firm, nor require knowledge or skills that could only be obtained in-house with the firm’s products or services. Any special requirements, such as a foreign language, must be thoroughly documented as business necessity. This labor market test is structured to determine if there are any minimally qualified candidates available for the position—it is not relevant to the Certifying Officer that the incumbent foreign worker is the best qualified of the candidates. Hence U.S. candidates may be rejected for only lawful job-related reasons, i.e., they do not meet the stated minimum education/experience requirements, or it is clear from their backgrounds that they would not be able to perform the job duties. Keep in mind that the Certifying Officer will consider an applicant qualified if they could learn the necessary job skills within a reasonable period of on-the-job training.
What must be done under PERM? PERM stands for Program Electronic Review Management system. After conducting the required recruitment and evaluating the candidates, the employer will submit electronically the ETA9089 application to the National Processing Center. On the application the employer will attest to the job requirements, the recruitment steps, the prevailing wage, and that no qualified candidates could be found. The application will be reviewed within 60 days and a determination made to either conduct an audit or to certify the employer’s application. If an audit is required, then the employer must submit the ads, postings, resumes, and recruitment report to the Certifying Officer within 30 days. The Certifying Officer will conduct random audits to ensure the integrity of the program. Under PERM, the employer will post a notice on-site for 10 consecutive business days, and conduct six recruitment steps. These steps will involve the following: (1) Job ad in Sunday newspaper classifieds,(2) Second job ad in Sunday paper or in an appropriate professional journal, and(3) Job order with the state workforce agency for thirty days. The employer must select three additional recruitment steps from the alternatives listed below:a. Job Fairsb. Employer’s Web Sitec. Job Search Web Site (other than employer’s)d. On-Campus Recruitinge. Trade or Professional Organizationsf. Private Employment Firmsg. Employee Referral Program with Incentivesh. Campus Placement Officesi. Local and Ethnic Newspapersj. Radio and Television Ads The ad or posting must contain the company name, direct applicants to report or send resumes to the employer, provide enough detail to adequately apprise the potential applicants of the job opportunity, and indicate the area of employment if not apparent from the employer’s address. Upon conclusion of the recruitment steps, the employer will review the resumes, conduct any interviews if necessary to better ascertain a candidate’s qualifications, and prepare a recruitment report summarizing the results. The recruitment report will describe the recruitment steps undertaken and the results achieved, the number of hires (if any) and the number of applicants rejected—categorized by the lawful job related reasons for such rejections. In the event of an audit, the Certifying Officer may request the U.S. workers’ resumes or applications, sorted by the reasons the workers were rejected. An approved labor certification is valid indefinitely, however, it is valid only for the specific job opportunity and for the area of intended employment stated on the application. Note that at anytime the ETA may revoke the labor certification if they discover that there has been fraud or willful misrepresentation in the process.
Nonimmigrants may remain in the U.S. for only a temporary period of time and are restricted to the activity consistent with their visas. Nonimmigrants are expected to depart the U.S. by the expiration date on their I‑94 entry/departure cards unless they have filed for an extension. There can be serious legal consequences for anyone who overstays his/her authorized period of admission. The following is a description of some of the commonly used employment or business‑related visas:
An F‑1 student is usually granted "Duration of Status" which is the period required to complete the program of study, plus any authorized period of practical training. Students are expected to maintain a full‑time course load. Eligibility to work includes part‑time employment on‑campus (full time during break periods). Off‑campus employment based on economic hardship can be authorized by the CIS if a student can verify that the hardship is based on unforeseen circumstances. Both hardship authorization and practical training are available only after a student has been enrolled full‑time for a consecutive nine- month period. There are two types of practical training: curricular and optional. Curricular practical training may be authorized by a Designated School Official (DSO) during the student’s course of study, and may include internships, cooperative education programs, work/study programs, or practicums. The employment training offered must be integral to the student’s curriculum. Optional practical training is authorized by the CIS upon completion of the student’s studies. This employment should relate to the student’s major area of study. One important caveat: if the F‑1 student has used twelve or more months of full‑time curricular practical training, then he/she will normally be ineligible for optional practical training. F‑1 students, M‑1 vocational students, and J‑1 exchange visitors are now closely monitored by educational institutions and the CIS under the Student and Exchange Visitors Information System (SEVIS) mandated by the U.S.A. Patriot Act.
The J‑1 category includes certain students as well as visiting scholars, corporate trainees, professors, research assistants, and other field specialists. The J‑1 program is administered by the U.S. Department of State. As with F‑1 students above, J‑1 students may be eligible for incidental on‑campus employment if their school is also their program sponsor. For students on another sponsor’s program, that sponsor would need to authorize any on‑campus employment. The Responsible Officer (RO) can authorize off‑campus employment based on hardship or academic training. The academic training is available during or after the student’ s academic program for a maximum of 18 months based on an employment offer in the field of study. Bona fide post‑doctoral positions allow up to 36 months of academic training. Many (but not all) exchange visitors are obligated to a two-year foreign residence in their home country prior to seeking an H‑1B specialty worker or immigrant status in the U.S. Sometimes waivers of this requirement are not available, even if the foreign national marries a U.S. citizen and has U.S. citizen children.
C. B‑1 Business Visitor
The B‑1 visa is intended for business trips to the U.S. to conduct business on behalf of a foreign employer. The B‑1 visitor may not be employed to work for a U.S. employer. Permitted B‑1 activities include business meetings, conferences or seminars, contract negotiations, consultations, litigation, sales calls, plant tours, market research, contract or warranty follow‑up, and formal classroom training (but not on‑the‑job training). Tourists are eligible to seek B-2 visitor visas.
The visa waiver program may be used for the same purposes as a B‑1 business visitor or B‑2 tourist visa. This program waives the requirement to first obtain a visa at a U.S. consulate. Instead, the visitor may fly to the U.S. and apply at an inspection point for entry into the U.S. The immigration inspector will make an immediate decision whether to issue an I‑94 entry card, and there is virtually no appeal of a negative decision. This program is only for visitors from certain countries where there has been traditionally low fraud. The I‑94 entry card will be issued for ninety days, and no extensions or changes of nonimmigrant status are allowed (except for “immediate relatives” of U.S. citizens who might be eligible to seek immigrant status).
The TN category arose from the North American Free Trade Agreement (NAFTA). Individuals from Canada or Mexico must qualify under one of the occupations listed in the treaty. Some of the professions listed include engineers, architects, accountants, economists, computer systems analysts, foresters, graphic designers, mathematicians, research assistants, and scientific technicians/technologists. A Canadian may apply at an international airport or border post for TN status; however, Mexicans must first obtain a visa from a U.S. consulate. TN status is approved for one year, and may be extended by the CIS in one‑year increments.
The H‑1B category is for workers in specialty occupations, which means an occupation that normally requires attainment of at least a Bachelor’s degree. Generally one must have a degree in the specialty to qualify, or the degree equivalent. Positions in education, engineering, accounting, finance, and research are normally considered professional. For nontraditional professions, the CIS will look to the complexity or uniqueness of the job duties, and whether a degree requirement is common to the industry. An employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL) attesting that the hiring of H‑1B workers will not adversely affect the wages and working conditions of other U.S. workers in the same position at that location. The employer must determine the “prevailing” wage for the region, and attest that the wage offered to the foreign national is the higher of the “actual” or the “prevailing” wage. Notice must be posted on‑site, and an LCA file maintained for public inspection.
There is a numerical limit on the number of H-1Bs issued each year. The employer must plan well in advance of hiring an H‑1B nonimmigrant worker because the annual allotment of H-1B numbers is used up soon after applications are accepted for the upcoming fiscal year. The H‑1B petition can be approved for three years, and extended for an additional three years for a maximum stay in the U.S. of six years. Section 11030 of the 21st Century
Department of Justice Appropriation & Authorization Act allows an H‑1B employee to obtain extensions beyond the traditional six‑year limit if an alien labor certification has been pending for over one year. If a PERM labor certification has been obtained and an employer’s I-140 immigrant petition approved, an H-1B worker who has used up the traditional six-year limit could seek a three year extension if no immigrant visa numbers are available. A person with an H‑1B might be "portable" to a new employer once a LCA is filed with the DOL and a petition filed with the CIS. An additional $1000 fee can be paid to the CIS for "premium processing" so that the CIS will adjudicate an H‑1B (or L‑1) petition within 15 days (or at least issue a request for more evidence needed to promptly adjudicate such a petition).
G. L‑1 Intracompany Transferee
The L‑1 category allows multinational corporations to temporarily transfer certain employees to their U.S. facilities. The threshold requirement is that the employee has worked for the company for at least one year (in the last three) prior to transferring to the United States. An L‑1 petitioner must document that a qualifying relationship exists between the U.S. company and its foreign parent, subsidiary, affiliate or branch. The general rule is that one company must have effective control of the other, although the CIS will consider joint ventures or situations where there is less than majority ownership but effective control of the other, such as by veto power. There are two types of L‑1s: the L‑1A for managers and executives, and the L‑1B for those who have "specialized knowledge" of the company’s product or an advanced level of knowledge of processes and procedures of the company. The CIS definition of managerial capacity includes management of an organization or management of a function of the company. This category does not include front line supervisors unless the employees they supervise are other professionals. Usually an L‑1 petition may be initially approved for three years, and extended in two-year increments. An L‑1A manager/executive may normally stay a maximum of seven years in the U.S.; an L‑1B "specialized knowledge" professional may stay a maximum of five years. The usual procedure is to file an individual L‑1 petition with the CIS. For larger companies with many transferees each year, there is an option to file for a blanket L‑1 petition approval. Upon approval of a blanket petition, individual petitions no longer need be filed with the CIS, thus cutting processing times. CIS processing times for individual L‑1 petitions can be several months. An additional $1000 fee can be paid to the CIS for "premium processing" so that the CIS will adjudicate an L‑1 (or H‑1B) petition within 15 days (or at least issue a request for more evidence needed to promptly adjudicate such a petition).
The O‑1 category is for aliens with extraordinary ability in the sciences, arts, education, business, or athletics. Generally extraordinary ability means a level of expertise indicating that the individual is one of a small percentage who has risen to the very top of his/her field. The CIS guidelines for proving "extraordinary ability" under this category are virtually the same as those for the First Preference "extraordinary ability" petitions: § Major prizes or awards.§ Membership in organizations which require outstanding achievement.§ Cites to or articles about the individual’s work.§ Participation as a judge of the work of others.§ Evidence of original scientific, scholarly, or business‑related contributions.§ Authorship of scholarly articles.§ Employment in a critical or essential capacity for an organization or establishment that has a distinguished reputation.§ High salary in relation to others in the field. Criteria for artists:§ Perform services as a lead/starring participant in a production or event with a distinguished reputation.§ National or international recognition for achievements.§ Performed in a lead, starring or critical role for organizations and establishments with a distinguished reputation.§ Commercial or critically acclaimed success.§ Significant recognition from critics, experts, or government agencies.
§ High salary in relation to others in the field.
I. E‑2 Treaty Investor & E‑1 Treaty Trader
Nationals of over forty countries with an appropriate treaty might qualify for a nonimmigrant treaty trader or treaty investor visa. A treaty trader normally is involved with an exchange of goods or services between his/her country and the United States. A treaty investor must invest a "substantial" amount of capital into a business enterprise that he/she will personally develop and direct. The treaty investor must place the funds at risk, have other resources, and not merely invest a marginal amount of capital into the business for the purpose of earning a living for the investor and his/her family. The amount of the investment is not defined but rather depends on the nature of the enterprise.
J. Other Types of Employment Based Nonimmigrant Visas
There are many other types of employment related nonimmigrant visas for qualified foreign nationals who will be employed in particular positions. These categories include but are not limited to: A visas for diplomats and their dependents, D visas for crewmen, H‑2A visas for seasonal agricultural workers, H‑2B visas for temporary skilled or unskilled laborers, I visas for international media representatives, M visas for vocational students, P visas for athletes and group entertainers, Q visas for participants in international cultural exchange programs, and R visas for certain religious workers.
V. DEVELOPMENTS AFFECTING
EMPLOYMENT BASED CASES
A. Department of Homeland Security
C. Employment Authorization for Dependent Spouses
An additional $1000 fee can be paid to the CIS for "premium processing" so that the CIS will adjudicate an H‑1B, O‑1, L‑1, or certain other types of nonimmigrant petitions within 15 days (or at least issue a request for more evidence needed to promptly adjudicate such a petition). Recently the CIS expanded premium processing to include several employment-based categories of the I-140 Petition for Alien Worker. It now includes the first preference category for outstanding professors and researchers, the second preference category for professionals with advanced degrees or exceptional ability (but not those seeking a National Interest Waiver), and third preference I-140 petitions.
E. Extensions of Nonimmigrant Status
Section 11030 of the 21st Century Department of Justice Appropriation & Authorization
Act allows an H‑1B nonimmigrant employee to obtain extensions beyond the normal maximum time limits if an alien labor certification has been pending for over one year or if an I-140 petition was approved and visa numbers are unavailable.
F. Monitoring of International Students
G. Protecting Immigration Benefits for Children
H. Address Change Notification Requirements
I. Additional Security Clearances
J. Employer or Job Changes While Immigration Applications Pending
Downturns in the economy trigger new problems for employers as well as foreign national employees. The U.S. Department of Labor issued requirements relating to applications for permanent alien labor certifications in situations when the employer has laid off workers during the prior six months as well as when there have been layoffs in a particular industry. If the employer has terminated workers, the employer must provide documentation about the number of workers laid off in the particular occupation and provide lawful, job related reasons that any laid off workers were rejected for the position for which certification is sought. Laid off foreign national employees often must scramble to change to another nonimmigrant immigration status, if eligible, or seek to take advantage of the H‑1B portability provisions. A useful change allows an intending immigrant whose adjustment of status application has been on file for over 180 days to transfer to a "same or similar" position with another employer without abandoning the pending immigration applications if the employer’s I-140 petition has been approved. There are still no regulations to interpret the definitions of a "same or similar" position; however, many of these cases have been approved by the CIS.
VI. FAMILY BASED IMMIGRANT STATUS
Family‑Based Categories
1st Preference: Unmarried sons and daughters (age 21 or older) of U.S. citizens.
2nd Preference: Spouses and children (under 21) of permanent residents, or unmarried
3rd Preference: Married sons and daughters of U.S. citizens (over age 21). 4th Preference: Brothers and sisters of U.S. citizens (over age 21).
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 made our complex immigration system even more restrictive for future immigrants. It is too early to determine if the reorganization of the now defunct Immigration & Naturalization Service within the Department of Homeland Security will improve either immigration enforcement or adjudication efforts. This complete reorganization as well as the concentration on security issues might result in even longer delays for families seeking to reunite and for employers seeking to obtain temporary as well as permanent employment for needed foreign national personnel. Despite these concerns, there have been a few changes that benefit employers and their foreign national employees as well as U.S. residents and citizens sponsoring their relatives.
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U.S. Immigration Laws