Week Eleven Immigration

Overview of immigration law and policy in the context of employment and labor law.

International Employment Law: Analyzes laws that govern employment on a global scale, considering the various frameworks that exist internationally.
American Immigration Policy: Understanding the laws in place that govern immigration practices in the United States.
- Is there a law?
- Does it apply?
- What does it require?

Description: A subsidiary agency of the United Nations that focuses on international labor standards, workers’ rights, and global employment issues.
Key Functions:
- Promulgation of a vast scheme of Employment and Labor Law (ELL), which includes regulations and guidelines for member nations.
- Established to help set forth international standards for the treatment of workers globally.
Sovereignty: The ILO's standards do not supersede individual nations' sovereignty; each country has the authority to legislate according to its own laws.
U.S. Involvement:
- The United States is not a signatory to many ILO enactments or pronouncements.
- American businesses operating internationally must adhere to ILO legal principles adopted by the nations where they are employing personnel.

Definition: International laws to which multiple nations agree to adhere.
Purpose: To establish uniform codes of procedure and standards of conduct that promote the fair treatment of workers among all member nations within the United Nations.

SHRM India: Refers to human resource guidelines adapted for Indian employment contexts.
Germany: Enforces employee protection laws which are notably robust compared to other nations.
European Union (EU): Implements workplace regulations that set minimum standards across member states.

Key Legislation:
- Immigration and Nationality Act (INA) of 1952: Establishes the foundation of U.S. immigration laws.
- Immigration Reform and Control Act (IRCA) of 1986:
- Purpose of the IRCA:
  - To provide solutions for controlling illegal immigration to the U.S.
  - To make changes to the current legal immigration system of the U.S.
  - To offer a controlled legalization program for undocumented aliens who entered prior to January 1, 1982.

B-1: Business visitor visa for individuals traveling for business purposes.
H-3: Trainee visa for individuals participating in programs to receive training in the U.S.
E-1/E-2: Visas for treaty traders and investors allowing business operations in the U.S.
J-1: Visa for exchange visitors participating in work and study-based exchange programs.
F-1/M-1: Student visas for academic (F-1) and vocational (M-1) studies.
L: Intra-company transferee visa for employees of international companies.
H-1B: Specialty occupation visa for individuals with highly specialized knowledge.
О: Visa for individuals with extraordinary ability in their field.
H-2B: Non-agricultural temporary worker visa.
P: Visa for performers and athletes.

Form I-9: Employers are required to complete this form to verify the identity and employment authorization of individuals hired.
- Employment Authorization: Employers must establish employee identity through the submission of required documentation.
- Consequences: An employee who fails to provide the necessary documentation within three business days of being hired may be terminated from employment.

U.S. Citizenship and Immigration Services (CIS): Responsible for administering immigration and naturalization adjudication functions as well as establishing immigration service policies and priorities.
U.S. Immigration and Customs Enforcement (ICE): Created to enforce immigration and customs laws to protect the U.S. against terrorist attacks.
U.S. Department of Justice (DOJ): Through the Office of Special Counsel (OSC) in the Civil Rights Division, it enforces the anti-discrimination provisions found within the INA.
U.S. Social Security Administration (SSA): Administers retirement, disability, and survivors benefits to eligible workers and families, as well as issuing Social Security numbers.
Federal Bureau of Investigation (FBI): Has taken a leading role in national security since September 11, 2001, and has reorganized for this purpose.
U.S. Department of Labor (DOL): Acts to foster and promote the welfare of job seekers, wage earners, and retirees through various labor policies and regulations.
U.S. Department of State (DOS): Works to "create a more secure, democratic, and prosperous world for the benefit of the American people and the international community."