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[T624]The New Immigration Law

by Mike Selvon, Mik

While having a basic understanding is very helpful, if you are in need of fuller understanding and implementation of US immigration law, it is a wise and prudent course to seek out the counsel of a US immigration attorney. Such a qualified and experienced attorney can be invaluable in explaining how many of the subtle nuances that are found in its law will have an enormous impact on your business.

Immigration is defined, in general terms of US immigration law, as the act of someone entering a country that is other than their home country, with the declared intention of eventually becoming a permanent resident in the new country for the purposes of living and working.

Those who intend to emigrate from their homelands and immigrate to the United States are those who have the intention of staying within the boarders of the United States for an extended time period. Usually on a permanent basis and often with the intention to apply for US citizenship.

The overall scope and purpose of US immigration law covers a wide range of issues and concerns faced by the current citizens and the government of the United States. Even during the very first days of the establishment of the country of America, it was obvious that there would have to be some kind of limitations on the persons that would be allowed to immigrate.

With the homeland security issues since the tragedy of September 11, 2001, and recent political turmoil over the topic, the limitations have changed and become somewhat more stringent.

Some of the stated purposes of them are as follows:

1) Grant and define immigration status;
2) Control the admission of new aliens to the US;
3) Establish criteria for removing aliens and under what circumstances they are to be deported;
4) Outline the terms for an alien being allowed to stay on US soil;
5) Provide immigrants and aliens with various benefits and rights;
6) Set up a system for administrative and judicial review of immigration procedures and proceedings;
7) Create criminal and civil liability and power to enforce the policy.

Such a diverse and wide ranging group of topics is part of what can make US immigration law very confusing in its complexity. Of particular importance, especially to employers, is understanding how these different aspects of the law all work together, which is as important as understanding the law as a whole.

It is also crucial to have a grasp of how the United States Constitution, the US congress, the Immigration and Nationality Act and the various government agencies that are responsible for interpreting and enforcing the law all work together and have an impact on the implementation of its law.

A compete comprehension of US immigration law requires a good understanding of the sources of the law and the implementation of policy by the various organizations that are involved in enforcing the statues. It is essential that all employers have at least a fundamental grasp of this area of US law.

While the SAVE Act has many positive effects, if passed it will put out of work some 20 million undocumented immigrants. This will open up many jobs for struggling US citizens, but at wages many of these citizens haven't been considering.

During the Bush Administration efforts were made to secure US borders from the illegal passage of immigrants, and to make it easier for foreigners to come here to work in the U.S. on a temporary basis. Emphasis was given to the nine guest worker programs currently in effect, though special attention was given by the Department of Labor (DOL) to improve employer's abilities to obtain needed agricultural labor through the existing H-2A visa. This visa allows agricultural employers to hire foreign workers to fill temporary positions providing that certain requirements are met.

The employer must show that:

• There are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services involved in the petition; and that

• The employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed.

If the employer satisfies these requirements then the Attorney General must give the final approval for hiring to begin.

The Bush Administration attempted to make the H-2A visas more appealing to employers through several changes. They decreased government involvement in the hiring process, thus speeding up applications. They required employers to pay only for transportation of guest workers from government offices to the places of labor instead of requiring them to pay passage from the workers home country. And they no longer required employers to conduct recruiting efforts in large geographic regions in order to show that there were not enough workers to fill the positions.

These new regulations gave employers incentives to move away from illegal immigrant labor and gave priority to those who have come to work through legal mediums.

These changes were met by strong opposition. The Farmworkers Justice Foundation claimed they did not adequately protect workers rights, and that they lowered the wages of citizen workers by having to compete with the guest workers.

Pressures from these arguments led to the Obama Administration's nine month suspension on the changes. This decision was challenged and repealed on June 29th 2009 when a federal judge stopped the suspension decision of the current DOL. This ruling temporarily maintains the policies created under the Bush DOL.

For the United States to be able to secure the borders and ease the negative effects of illegal immigration there must be a method provided for employers to access foreign labor markets through a legal channel. If the SAVE Act does make it through Congress then it will become essential to provide employers with a manageable way to obtain the labor they need.

Article Source : politics cultural

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Both Mike Selvon & Gage Herbst are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Mike Selvon has sinced written about articles on various topics from Camping, Allergies and Personal Desktop. Everyone wants a US Citizenship, and Mike Selvon's portal will expand your knowledge on the . Visit us and leave a c. Mike Selvon's top article generates over 450000 views. to your Favourites.

Gage Herbst has sinced written about articles on various topics from Politics. Gage Herbst wrote this article while working as an intern for injury attorney Rex Bush who has successfully handled over 1014 cases, his largest settlement to date is 3.25 million dollars. Visit his. Gage Herbst's top article generates over 590 views. to your Favourites.