The Bureau of Citizenship and Immigration Services

The US Bureau of Citizenship and Immigration Services (BCIS), an agency of the Department of Labor (DOL), enforces the laws pertaining to the admission of foreign-born persons (aliens) into the United States, as well as the regulations and benefits associated with such immigration.

The United States offers immigration services ranging from: citizenship, asylum, lawful permanent residency (Greencard), employment authorization, refugee status, inter-country adoptions, replacement of immigration documents, family and employed related immigration and foreign student authorization.

All foreign persons wishing to travel to the United States are subject to the regulations of the BCIS. Additionally, all foreign persons wishing to work or reside in the United States, even temporarily, must comply with BCIS statutes. In order to meet immigration demands and ensure the fair and equal processing of all aliens, the BCIS has developed complex systems to administer to foreign nationals wishing to enter into the United States.

The processes of attaining immigration and/or work authorization, whether permanent or temporary, increase in difficulty each year. Additionally, since bureaucratic methodology and complex regulations are unavoidable, the use of legal counsel is extremely advisable.

The Department of Labor

The Department of Labor (DOL) fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements. In carrying out this mission, the Department administers a variety of Federal labor laws including those that guarantee workers' rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support.

The Department consists of numerous organizations which impose and create labor regulations. Jurisdiction over foreign workers resides in the Employment & Training Administration (ETA). This organization processes and certifies the Labor Certification Application (LCA) required for numerous employment based visas.

All employers seeking to bring workers to the United States to work and/or live, are required to comply with the regulations of the Department of Labor (DOL). O'Brien & Associates has extensive experience in this field and will be able to assist you in foreign labor applications as well as Department of Labor (DOL) compliance.

The Labor Condition Application / Foreign Labor Certification

Hiring foreign workers for employment in the U.S. normally requires approval from several government agencies. Certain visa categories first require employers to seek labor certification (LCA) through the U.S. Department of Labor (DOL). Once the application is certified (approved), the employer must petition the Bureau of Citizenship and Immigration Services (BCIS) for a visa. Approval by DOL does not guarantee a visa issuance. Foreign Labor Certification, as this process is known, is designed to assure that the admission of foreign workers to work in the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages and working conditions of American workers.