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Glossary > Employment Law > Immigration And Work Authorization > General
Legal Disclaimers

Immigration And Nationality Act (INA)

The Immigration and Nationality Act (INA) is a federal law that governs immigration and naturalization in the United States. It sets out the conditions under which a person can enter and stay in the country, both for temporary work visas and permanent residency or citizenship.

Example #1

For example, the INA is used to determine eligibility for H-1B visas for highly skilled workers who are sponsored by US employers to work in specialized occupations.

Example #2

Another example is the INA's role in regulating the process for obtaining permanent resident status through employment-based immigration categories.

Misuse

Misuse of the INA can occur when employers exploit foreign workers by paying them below the prevailing wage or forcing them to work in unsafe conditions. This is detrimental because it perpetuates unfair labor practices, compromises the rights and safety of workers, and undermines the integrity of the immigration system.

Benefits

One of the benefits of the INA is that it provides a legal framework for employers to sponsor foreign workers with specialized skills to fill critical roles that may not be easily filled by the domestic workforce. This can lead to innovation, economic growth, and job creation in various industries.

Conclusion

Understanding and upholding the Immigration and Nationality Act is crucial to safeguarding the rights of both domestic and foreign workers, promoting fair employment practices, and fostering a diverse and dynamic labor market.

Related Terms

Employment Authorization Document (EAD)H-1B VisaPermanent ResidentWork VisaForeign Worker

See Also

DHS Verification ProgramsE-Verify EnrollmentE-Verify Memorandum Of Understanding (MOU)E-Verify ProgramEmployer AgentForm I-9 VerificationList C DocumentForm I-9 VerificationI-9 VerificationLabor CertificationAcceptable Documents For I-9 VerificationCorrecting Form I-9 ErrorsForm I-9 ComplianceI-9 AuditsI-9 Retention RequirementsList C DocumentsList Of Acceptable I-9 Verification DocumentsRemote I-9 VerificationEmployment Authorization Document (EAD)H-1B VisaI-9 VerificationL-1 VisaVisa SponsorshipEmployment Authorization Document (EAD)Employment-Based ImmigrationForeign WorkerGreen CardI-9 VerificationPermanent ResidentUSCISWork Visa

Last Modified: 4/30/2024
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