Also known as McCarran-Walter Act. The federal law governing all aspect of immigration law, including:
Nationality and citizenship.The purposes for which foreign nationals may come to the US. For more information on key business-oriented temporary and immigrant visa classifications, see Key Nonimmigrant Visa Classifications Chart and Key Immigrant Visa Classifications Chart.
Restrictions on who may be issued a visa or admitted to the US, such as people with certain kinds of communicable diseases or a serious criminal background.
The process of inspecting and admitting people seeking to enter the US. Rules regarding the removal of foreign nationals from the US. The system requiring employers to verify the identity and employment eligibility of employees. The functions of the INA are carried out by numerous agencies of the federal government, including:The Department of Homeland Security (DHS). The DHS bureaus involved in the day-to-day immigration functions include:
US Customs and Border Protection (CBP); and The Department of State (DOS). The DOS bureaus involved in day-to-day immigration functions include: The Bureau of Educational and Cultural Affairs.The Department of Justice (DOJ). The DOJ bureaus involved in day-to-day immigration functions include:
Executive Office for Immigration Review (EOIR); Office of Immigration Litigation (OIL); and Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC). The Department of Labor (DOL). The DOL bureaus involved in day-to-day immigration functions include: Office of Foreign Labor Certification; and Wage and Hour Division (WHD).The INA has been altered extensively since its original passage. Major laws amending the INA include:
The Immigration and Nationality Act of 1965 replaced the immigrant numerical quota system with a preference system favoring skills and family ties to the US.
The Immigration Reform and Control Act of 1986 (IRCA) instituted the employment eligibility verification system and anti-discrimination laws, amended the process for US citizens to sponsor foreign spouses based on marriage.
The Immigration Act of 1990 (IMMACT) significantly amended the lawful immigration system for both nonimmigrant and immigrant visa categories.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) revamped the removal system, eliminated the ability for many foreigners with a criminal background to remain in the US, and significantly reduced the rights for foreigners who are unlawfully in the US.
The American Competitiveness in the Twenty-first Century Act of 2000 (AC21) increased job flexibility for certain foreign workers.
The Homeland Security Act of 2002 revamped the administration and enforcement of the INA by creating the DHS and dispersing immigration functions that were previously performed by a single agency to various bureaus.
For more information on employing foreign nationals in the US and employer obligations under the INA, see Practice Notes, Hiring and Employing Foreign Nationals in the US: Overview and Demonstrating the Right to Work in the United States.
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