The Immigration Nationality Act (ref.)

Temporary workers

"The more corrupt the state, the more numerous the laws."
- Tacitus Publius Cornelius (Rome 56-120 A.D.)

This is a local and a partial reference to immigration law.   It does not include
literally the amendments following IMMACT 1990.   References to amended
statutes are made herein via URL at Cornell University (that will open
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What are the terms of H-1 versus J-1 aliens?

First, let's understand who is an alien, as defined at 8 USC section 1101 "Definitions"

An H-1 alien

Definition:  8 USC section 1101(a)(15)(H)   "an alien (i)(b) subject to section 1184(j)(2) of this title, who is coming temporarily to the United States to perform services (other than services described in subclause (a) during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in section 1184(i)(1) of this title or as a fashion model, who meets the requirements for the occupation specified in section 1184(i)(2) of this title or, in the case of a fashion model, is of distinguished merit and ability, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with the Secretary an application under section 1182(n)(1) of this title; or . . . " [snip] See the entire section 1101 at Cornell-Law

The referral in the Code Federal Register at
8 CFR PART 214H:

Restrictions in the Code Federal Register


Discharge of an H-1 alien   8 USC Sec. section 1184(c)(5)(A)

A J-1 alien

Definition:   8 USC section 1101(a)(15)(J)   "an alien having a residence in a foreign country which he has no intention of abandoning who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who is coming temporarily to the United States as a participant in a program designated by the Director of the United States Information Agency, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of section (j) of this title, and the alien spouse and minor children of any such alien if accompanying him or following to join him;" [snip]     See the entire section 1101 at Cornell-Law

The referral for J-1 status in the Code Federal Register


What are the valid immigration laws?

See 8 USC section 1101(a)(17)   "The term 'immigration laws' includes this chapter" [i.e. Chapter 12 of Title 8 known as the INA] "and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, deportation, or expulsion of aliens."

Alien Labor Certification

Any foreigner -- whether skilled or unskilled, whether intending or non-intending citizen in the United States -- may not be employed unless certified by the US Secretary of Labor.  Immigration laws require labor certification to demonstrate to the government that an alien worker (non-U.S. citizen or non-U.S. permanent resident) is not taking the job away from a U.S. worker, and that the skill and technical expertise of the alien worker is not already available from the domestic work force.  The U.S. Department of Labor has to certify that hiring an alien worker will not adversely affect the wages and working conditions of U.S. workers similarly employed.

This law (since 1952) has been violated eversince by many employers, but such violations have been practically disregarded by the Executive Branch, as alleged elsewhere in this web-site.

The law before IMMACT 1990
8 USC section 1182(a)(14)

Even before IMMACT 1990 any employer must have obtained a certification for an alien employee given by the US Secretary of Labor.  The ultimate liability has ever been on behalf of an employer.

8 USC section 1184(c) Petition of importing employer
involvement of Departments of Labor and Agriculture

"(1) The question of importing any alien as a nonimmigrant under section 1101(a)(15)(H), or (L) of this title in any specific case or specific cases shall be determined by the Attorney General, after consultation with appropriate agencies of the Government, upon petition of the importing employer. Such petition, shall be made and approved before the visa is granted."    See the entire section 1184 at Cornell-Law

Promulgated law IMMACT 1990

actionable as of October 29, 1990

8 USC section 1182(n) Labor condition application
(terms of H-1 program)


8 USC section 1324(a)(2)

Federal law, as of 1952, prohibits even an attempt to bring to the United States an alien, for the purpose of unfair commercial advantage or private financial gain.  Unfortunately, this paragraph has never been enforced against an American employer, as alleged in these pages, and in particular at In Re Tal.

Herein, a partial citation of the relevant Statute, section 1324(a), sub-section (2):

Definition of an unauthorized alien
8 USC section 1324a(h)(3)

8 USC section 1324b. Unfair immigration-related employment practices

8 USC section 1324c. Penalties for document fraud

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