United States Immigration Law
Bennett R. Savitz
Introduction
Hiring foreign national workers requires a great deal of planning. The increased
globalization of markets and business organizations has presented United States
employers and foreign nationals with a world of challenging issues, strategies,
and options. If the potential employee is in the United States, the first and most
important determination to make involves a detailed assessment of both the
individual’s complete immigration history as well as current immigration status.
Is the person in valid status and, if so, when will that status expire? Is the person
eligible to change status?
Has the person ever violated his status? If so, will that violation affect his or her
ability to change status? Will the violation affect his or her ability to eventually
adjust his status to that of permanent resident? Can the person begin working
without first obtaining a visa outside of the United States? If the person needs to
obtain a visa outside the United States, can that person go to Canada or Mexico,
or does he or she need to go to his or her home country?
The reason that these questions are more important than ever is because the law
is harsh on those who overstay their status. Since 1 April 1997, there has been a
three-year and ten-year bar to admissibility, which is triggered by remaining in
the United States in unlawful status for 180 days or one year, respectively. Any
overstay of status starts the clock for time spent in the United States in
“unlawful presence”. This frightening provision and its disastrous consequences
reinforces the urgency for employers to maintain scrupulous records for all
employees, and to check with an immigration attorney prior to taking a trip
outside of the United States
With the globalization of trade, many United States employers have come to see
the professional labor pool in global terms, and professional workers have
become increasingly mobile. Today, with the expanding United States and world
economy, businesses need to be even more competitive. To meet their United
States hiring needs and achieve their business objectives, United States
employers continue to look to the global talent pool to find the most qualified
workers. Foreign businesses continue to need access to United States markets
