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Home >  Short Publications >  An Immigration Law Primer for the Corporate Executive
An Immigration Law Primer for the Corporate Executive
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By Natalie S. Tynan, Paul W. Virtue
Posted: Thursday, August 9, 2007
BRIEFLY
National Legal Center for the Public Interest  
Publication Date: January 1, 2006

The Immigration and Nationality Act of 1952, as amended, and its implementing regulations have been likened to the Internal Revenue Code in terms of complexity and difficulty in interpretation. The purpose of this publication is to provide the busy corporate counsel or executive with a quick reference to those provisions of immigration law that are most relevant in the corporate setting. We will cover the obligations of employers to verify employment authorization of employees; visas for business visitors and employer-sponsored nonimmigrant workers; employer-sponsored immigrant, or "green card," status; and rules governing the "deemed export" of restricted technology.

First, a brief summary of the executive branch organization for the administration and enforcement of U.S. immigration law. From 1940, when the Immigration and Naturalization Service ("INS") was transferred from the Department of Labor ("DOL") to the Department of Justice ("DOJ"), until 2003, the Attorney General was primarily responsible for administration and enforcement of the Immigration and Nationality Act ("INA"). On March 1, 2003, the INS was disbanded and its functions were transferred to the Department of Homeland Security ("DHS"). The responsibility for providing immigrationrelated services and benefits such as naturalization and work authorization were transferred from the INS to the new DHS bureau, U.S. Citizenship and Immigration Services ("USCIS"). Investigative and enforcement responsibilities for enforcement of federal immigration laws, customs laws, and air security laws in the interior of the United States were transferred to the U.S. Immigration and Customs Enforcement ("ICE") bureau of the DHS. Finally, U.S. Customs and Border Protection ("CBP") assumed responsibilities for protecting our borders within the DHS. In addition to the DHS, the U.S. Department of State ("DOS"), with its responsibility for visa issuance abroad, and the DOL, responsible for regulation of alien labor and protection of U.S. workers, play major roles in the administration and enforcement of U.S. immigration law.

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