By: Grayson Thrush

Immigration law is among the most complicated areas of law in the United States. This is due in part to language and socioeconomic barriers that face potential immigrants to the United States. These challenges are merely an aside to the voluminous immigration law extant in the USA. One particular area of immigration law that is of interest is that which applies to employment.  In this regard, the counsel of a good Denver immigration attorney may become necessary at some point.

The Immigration Reform and Control Act (IRCA) of 1986 is administered by the U.S. Immigration and Naturalization Service (INS). IRCA prohibits the hiring of illegal immigrants within the United States. It also requires employers to file INS form I-9 for each employee that they hire. This form certifies that each employee is either a U.S. citizen, or is otherwise entitled to be employed in the United States.

The Immigration Act of 1990 limits the number of visas that can be issued each year, and therefore limits the number of legal immigrants that can enter the USA. Under this act, employers must undergo a certification process to prove to the Department of Labor that there is a shortage of American workers qualified and/or capable of working in a given employment position. Employers must also establish the fact that adding legal immigrants to the specific workforce will not produce any adverse effects for the labor market.

Clearly, immigration law and particularly laws governing the employment of immigrants are comprehensive and exhaustive. Employers, as well as potential immigrants, should consider retaining the expertise of a competent Denver immigration lawyer. While the spirit of the law is well intended, it can be a confusing process to immigrate and become employed in the United States.