Immigration and Nationality Act INA

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Immigration and Nationality Act (INA)

• Hiring foreign workers
• Presented by
• Chih-tsung Huang

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Presentation outline

• Introduction of INA
• The need of hiring foreign workers
• What types of foreign workers can you hire?
• How to hire foreign workers?
• Pro and Con
• Recommendation

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Introduction of INA

• Created in 1952 by The McCarran-Walter bill
• the basic body of immigration law
• Public Laws Amending the INA
• No rewrite but adds to or changes specific words
  within a section
• Related Law for INA
• Immigration and Reform and Control Act (IRCA)
• Migrant and Seasonal Agricultural Worker
  Protection Act (MSPA)
• Other labor law FLSA, FMLA,.

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The need of foreign workers

• the shortage of labor suply
• Agricultural (temporally, seasonal)
• Nursing
• long-shore work (crewmember)
• Special skills and talent
• Engineer
• computer programmer
• doctor

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What kinds of foreign workers can you hire?

• Permanent Labor based on immigration
• H-1B Specialty (Professional) Workers
• H-1C Nurses in Disadvantaged Area
• H-2A Temporary Labor (Seasonal Agricultural)
• H-2B Temporary Labor (Non-Agricultural)
• D-1 Crewmembers

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H-1B Specialty (Professional) Workers

• Law
• INA, IMMACT
• Who is covered?
• Engineer, teacher, computer programmers
• Basic Provisions/ Requirements
• Bachelor Degree
• 15 of the employers total workforce
• Employees rights
• Local prevailing wages, non-productive time,
  benefits.
• U.S workers protection
• Penalties/ Sanctions
• 1,000 to 35,000 per violation
• Relation to other law
• Workers compensation, tax, FLSA, and FMLA

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Foreign Labor Certification

• permit U.S. employers to hire foreign workers on
  a temporary or permanent basis to fill jobs
  essential to the U.S. economy.
• assure that the admission of foreign workers into
  the United States on a permanent or temporary
  basis will not adversely affect the job
  opportunities, wages and working conditions of
  U.S. workers.

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How to hire foreign workers?

• Foreign Labor Certification Process

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Pro and Con of hiring foreign workers

• Pro
• Support the shortage of labor supply
• Special skills and technique
• Increase economic
• Bring in new blood to company

• Con
• Threat to US workers
• Potential liability
• Cultural conflicts
• Communication problems
• Higher training cost

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Recommendation

• Company (HR) Concerns
• Who is covered?
• How to apply?
• Government regulation
• Potential liabilities
• Us workers
• Foreign workers
• Culture difference
• Foreign employees training

• As a Foreign Worker
• Understand related policy and regulation
• Employee right
• Develop your core competition (skills)
• Integrate into this society
• Build your own networking

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QUESTIONS