Corporate immigration is a vital component of workforce mobility and talent acquisition in the United States. Each year, businesses rely on immigration programs to bring highly skilled professionals, executives, researchers, and investors to the U.S. while navigating a legal system shaped by decades of policy evolution.
This overview introduces the structure and function of U.S. corporate immigration, focusing on key agencies, regulatory history, and the dual pathways for admission into the country.
U.S. Immigration Policy: Balancing Economic and Social Goals
The framework for immigration in the U.S. reflects multiple national interests. At its core, the policy is designed to:
- Support family reunification for U.S. citizens and lawful residents.
- Facilitate labor market needs by permitting foreign professionals to fill roles that are in demand.
- Protect humanitarian values by providing refuge to individuals fleeing persecution.
- Encourage diversity through visa programs for underrepresented countries.
These goals are achieved through two primary admission categories: immigrants who seek permanent residence, and non-immigrants who enter for a defined purpose and duration.
Permanent vs. Temporary Immigration: Understanding the Classifications
Immigrants – Permanent Residents
Foreign nationals granted permanent residency are issued an immigrant visa, commonly known as a green card. Lawful permanent residents (LPRs) are authorized to live and work in the U.S. without time limitations. Green cards are obtained through employment, family sponsorship, humanitarian protections, or diversity-based programs.
Non-Immigrants – Temporary Workers and Visitors
Non-immigrants are admitted for specific purposes such as employment, study, or tourism. Work authorization depends on the visa classification. Corporate immigration most commonly involves non-immigrant employment-based visas such as H-1B, L-1, O-1, E-2, and TN.
Key Laws That Shaped Corporate Immigration
The Immigration and Nationality Act (INA)
Enacted in 1952, the INA remains the backbone of U.S. immigration law. Though amended frequently, it continues to guide the admission, classification, and removal of foreign nationals.
Significant updates include:
- 1965 Amendments: Removed national origin quotas and established a preference system based on family ties and employment.
- 1986 Reform (IRCA): Required all employers to verify workers’ employment eligibility through Form I-9 and introduced penalties for hiring unauthorized workers.
- 1990 Immigration Act: Created employment-based immigration categories and visa caps, introduced the H-1B and H-2B classifications, and established the Labor Condition Application (LCA) process for H-1B employers.
- 1996 IIRIRA Law: Increased enforcement tools, barred re-entry for certain periods due to unlawful presence, and introduced stricter removal standards.
Government Agencies Involved in Corporate Immigration
Several federal agencies play critical roles in implementing and enforcing immigration law in the corporate context:
- U.S. Citizenship and Immigration Services (USCIS): Processes visa petitions and employment-related applications for individuals within the U.S.
- U.S. Department of Labor (DOL): Reviews Labor Condition Applications (LCAs) and PERM labor certifications for employers sponsoring foreign nationals for permanent employment.
- U.S. Department of State (DOS): Issues visas through U.S. embassies and consulates abroad.
- Customs and Border Protection (CBP): Screens foreign nationals upon arrival and decides their admissibility at U.S. ports of entry.
- Immigration and Customs Enforcement (ICE): Oversees enforcement and worksite investigations, and ensures compliance with employment eligibility laws.
- Department of Health and Human Services (HHS): Determines health-based grounds for inadmissibility during the immigration process.
The Role of Employers in the U.S. Immigration System
U.S. employers play a central role in sponsoring foreign workers. For non-immigrant roles, employers may file petitions with USCIS, often accompanied by supporting documentation and prevailing wage evidence. When seeking to sponsor a worker for a green card, the employer may need to undergo the PERM process to prove that no qualified U.S. workers are available for the role.
Employers are also responsible for:
- Verifying employment authorization for all hires.
- Maintaining compliance with wage, location, and job duty terms in immigration filings.
- Updating government records in cases of material job changes.
- Cooperating with site inspections and audits, including those from USCIS and DOL.
Final Thoughts
Corporate immigration in the United States is governed by a complex legal structure that balances national priorities with the needs of the business community. Employers that invest in understanding these laws—and in partnering with knowledgeable counsel—can build strong global teams while maintaining full compliance with regulatory requirements.
Have questions about hiring foreign workers or navigating corporate immigration compliance?
The attorneys at NPZ Law Group help businesses of all sizes manage employment-based visa processes, PERM filings, and I-9 compliance. Contact us today for a consultation.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.