Immigration Policy and Work

Vocabulary flashcards covering immigration policies, statutory inadmissibility rules, employment-based visa categories, employer I-9 compliance obligations, and related penalties.

3-Year Inadmissibility Bar (INA §212(a)(9)(B)(i)(I))

A statutory bar establishing that an individual unlawfully present in the U.S. for more than $180$ days but less than $1$ year, who subsequently departs, is inadmissible for $3$ years.

10-Year Inadmissibility Bar (INA §212(a)(9)(B)(i)(II))

A statutory bar establishing that an individual unlawfully present in the U.S. for $1$ year or more, who subsequently departs, is inadmissible for $10$ years.

Visa Overstay (INA §237(a)(1)(B))

A civil violation rendering an individual removable from the U.S. without criminalizing the act.

Entry Without Inspection (EWI)

An improper entry into the U.S. classified as a misdemeanor crime under INA §275 (8 U.S.C. §1325).

INA §212(a)(9)(B)(v) Waiver

A waiver of inadmissibility available if the refusal of admission would cause extreme hardship to a U.S. citizen or Lawful Permanent Resident (LPR) spouse or parent.

Push Factors of Migration

Conditions in a home country that motivate workers to leave, such as economic and social disparities, unrest, and discrimination.

Pull Factors of Migration

Conditions in a destination country that attract workers, including demographic changes and increased demand for labor in non-relocatable, labor-intensive sectors.

Hoffman Plastic Compounds, Inc. v. NLRB

A legal ruling holding that undocumented workers, though covered under U.S. labor and employment laws as employees, may not be awarded back pay as damages.

Immigration Reform & Control Act (IRCA)

A federal law prohibiting employers with more than $3$ employees from discriminating based on citizenship, immigration status, or national origin.

Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)

Federal legislation barring unauthorized immigrants from most federal means-tested benefits, including SNAP, TANF, non-emergency Medicaid, and SSI.

Employment-Based (EB) Immigrant Visas

Immigrant visa categories (EB-1 through EB-5) subject to an overall statutory numerical limitation of $160{,}000$ per year.

EB-1 Visa

An employment-based immigrant visa preference category reserved for priority workers with extraordinary ability.

EB-2 Visa

An employment-based immigrant visa preference category designated for professionals holding advanced degrees.

EB-3 Visa

An employment-based immigrant visa preference category designated for skilled professional workers and holders of bachelor's degrees.

EB-4 Visa

An employment-based immigrant visa preference category reserved for special immigrants, such as religious workers and Afghan or Iraqi translators.

EB-5 Visa

An employment-based immigrant visa preference category for immigrant investors making a qualifying investment of at least $1\text{ million}$.

H-1B Visa

A non-immigrant specialty occupation visa category (e.g., technology, education) with an annual statutory limit of $65{,}000$ visas.

Deferred Action for Childhood Arrivals (DACA)

A policy providing work authorization and deportation relief in renewable $2$- to $3$-year periods to individuals who arrived in the U.S. before age $16$, continuously resided since June 15, 2007, and met education or military service requirements.

Form I-9 Verification

The federal process requiring an employer to verify a new hire's identity and work authorization within $3$ days of employment.

E-Verify

An electronic system used by employers to verify employment eligibility, resulting in a match letter from the Social Security Administration (SSA).

I-9 Document Violations Penalty

Civil fines ranging from $230$ to $2{,}292$ per violation assessed against employers for failing to properly complete or produce Form I-9 documents.

Knowingly Employing Unauthorized Workers (First Offense Penalty)

A civil penalty ranging from $573$ to $22{,}927$ per violation assessed against an employer for a first offense of knowingly employing unauthorized workers.

H-1B U.S. Worker Displacement Penalty

A fine of $50{,}758$ per violation assessed against an employer who displaces a U.S. worker $90$ days before or after filing an H-1B petition when combined with other willful violations.

Pattern or Practice Criminal Penalty

A criminal penalty for an employer engaging in a pattern or practice of hiring, recruiting, or referring unauthorized workers, punishable by up to $3{,}000$ per employee and up to $6$ months in prison.

June 2020 Visa Proclamation

A presidential proclamation that suspended the entry of new H-1B, H-2B, L-1A, L-1B, and J-1 workers into the U.S. through January 2021 before being revoked in February 2021.

H-2B Visa

A non-immigrant guest worker visa category designated for temporary, seasonal non-agricultural employment.

L Visa (L-1A / L-1B)

An intracompany transferee non-immigrant visa category used for corporate executives, managers, and officers such as company presidents, CEOs, and CFOs.

J-1 Visa

An exchange visitor non-immigrant visa category designated for scientists, scholars, and researchers.