Frequently asked questions – U.S. immigration law

The following are some basic, frequently asked questions in regard to U.S. immigration law and

visas. Since immigration law is rapidly changing and highly complex, this web site is intended

to provide general information only and is not a substitute for legal advice on visa related

matters and immigration law.

  1. What is “labor certification?”  The United States immigration law states that an alien labor certification is a

certification by the Department of Labor that there are not workers who are qualified, able,

willing, and available at the prospective place of employment, and employment of an alien

won’t adversely effect the working conditions and wages of similarly employed workers in the


  1. What is an “immigrant” versus a “non-immigrant”? According to U.S. immigration law, an immigrant is an alien who intends to stay in the U.S.

on a permanent, or non-temporary, basis. A non-immigrant is an alien who is coming to the U.S.

for a temporary period for a specific purpose. It is possible for aliens to remain in the U.S.

for extended periods of time by virtue of a non-immigrant visa.

  1. What is the length of time for which a non-immigrant visa valid?  The maximum length for which the visa is valid depends upon the type of visa and, in some

instances, the alien’s specific circumstances. The length of stay in the U.S. and the date the

alien must depart depends upon the INS. period of stay granted by the INS.

  1. Is it possible for possible for a person to have “dual citizenship” Under certain circumstances, it is possible to have dual citizenship. This depends upon a

number of factors, including, how the citizenships were acquired, the actions of the

individual, the timing of the acquisition of the citizenships involved, and laws of the

country involved.

  1. Is every foreign national who intends to enter the U.S. required to obtain a visa? Generally, yes.

If you would like to inquire about assistance with an immigration law or visa issue, please

Contact the Firm.

If you have further questions, please visit our links page.