| Controlling Alien Admission - Introduction - Alien Employment - Employment Verification - Coverage |
| United States law prohibits employers from knowingly hiring or employing aliens who lack proper work authorization. Employers must take certain steps, defined by law, to verify the work authorization status of aliens they wish to employ. However, the coverage of this law is such that it does not apply to all aliens. There are several exceptions.More... |
| Introduction - Evidence Of Citizenship Acquired At Birth |
| Sometimes, it is necessary for United States citizens to prove that they are, indeed, citizens. For example, the citizenship of a petitioning alien or an alleged U.S. citizen is often central in immigration matters. Similarly, U.S. citizens abroad must sometimes prove their citizenship in foreign administrative or other tribunals. Generally, the available proof of citizenship varies depending on whether an individual was born inside or outside the country.More... |
| Controlling Alien Admission - Applicability of Restrictions - Persons - Returning Lawful Permanent Residents |
| lawful permanent resident (LPR) of the United States has most of the rights held by U.S. citizens, with only a few exceptions. One of these exceptions relates to traveling outside the U.S. While U.S. citizens and nationals have a right to leave and reenter the country as they wish, subject only to proving their status, LPRs have no such right. Instead, when they wish to reenter the country after traveling abroad, they are subject to exclusion on any ground prescribed by immigration laws. To reenter, LPRs must usually present either their registration cards or reentry permits, depending upon the length of their trips. However, LPRs do receive more immigration benefits than do most aliens. For instance, they need not meet all of the documentary requirements and they are not subject to U.S. numerical restrictions. More... |
| Status - Foreign Medical Graduates, Former Citizens, and Juvenile Dependents |
| Some of the special immigrant classifications are based on the status of the prospective immigrant, including foreign medical graduates, certain former United States citizens, and juvenile dependents on U.S. courts. For each, eligibility criteria must be met before special immigrant status can be granted. More... |
| Immigrant Visas - Employment-Based Visas - Labor Certification - Procedure before Certifying Officer |
| The United States Department of Labor (DOL) has delegated its function of deciding alien labor certifications to certifying officers, who operate on a regional basis to investigate and determine applications. There is a four-step process used by certifying officer to handle claims fairly and reasonably: the issuance of a notice of determination; the initial decision on the application; the notification of application deficiencies to the employer, if the initial decision was a denial; and, when requested, reconsiderations. An administrative appeal is also available from the certifying officer's decision. This topic is discussed fully in a separate article.More... |
Wenger & Dadisman
