The Immigration and Naturalization
Service
The US Immigration and
Naturalization Service (INS), an agency of the Department of Labor (DOL),
enforces the laws pertaining to the admission of foreign-born persons
(aliens) into the United States, as well as the regulations and benefits
associated with such immigration.
The United States offers
immigration services ranging from: citizenship, asylum, lawful permanent
residency (Greencard), employment authorization, refugee status,
inter-country adoptions, replacement of immigration documents, family and
employed related immigration and foreign student authorization.
All foreign persons wishing to
travel to the United States are subject to the regulations of the INS.
Additionally, all foreign persons wishing to work or reside in the United
States, even temporarily, must comply with INS statutes. In order to meet
immigration demands and ensure the fair and equal processing of all aliens,
the INS has developed complex systems to administer to foreign nationals
wishing to enter into the United States.
The processes of attaining
immigration and/or work authorization, whether permanent or temporary,
increase in difficulty each year. Additionally, since bureaucratic
methodology and complex regulations are unavoidable, the use of legal
counsel is extremely advisable.
The Department of Labor
The Department of Labor (DOL)
fosters and promotes the welfare of the job seekers, wage earners, and
retirees of the United States by improving their working conditions,
advancing their opportunities for profitable employment, protecting their
retirement and health care benefits, helping employers find workers,
strengthening free collective bargaining, and tracking changes in
employment, prices, and other national economic measurements. In carrying
out this mission, the Department administers a variety of Federal labor laws
including those that guarantee workers' rights to safe and healthful working
conditions; a minimum hourly wage and overtime pay; freedom from employment
discrimination; unemployment insurance; and other income support.
The Department consists of
numerous organizations which impose and create labor regulations.
Jurisdiction over foreign workers resides in the Employment & Training
Administration (ETA). This organization processes and certifies the Labor
Certification Application (LCA) required for numerous employment based
visas.
All employers seeking to bring
workers to the United States to work and/or live, are required to comply
with the regulations of the Department of Labor (DOL). O'Brien & Associates
has extensive experience in this field and will be able to assist you in
foreign labor applications as well as Department of Labor (DOL) compliance.
The Labor Condition Application /
Foreign Labor Certification
Hiring foreign workers for
employment in the U.S. normally requires approval from several government
agencies. Certain visa categories first require employers to seek labor
certification (LCA) through the U.S. Department of Labor (DOL). Once the
application is certified (approved), the employer must petition the
Immigration and Naturalization Service (INS) for a visa. Approval by DOL
does not guarantee a visa issuance. Foreign Labor Certification, as this
process is known, is designed to assure that the admission of foreign
workers to work in the United States on a permanent or temporary basis will
not adversely affect the job opportunities, wages and working conditions of
American workers.
