Class 8: Families and Workers

The two largest categories of immigrant admissions in the INA are family- and employment-based admissions.

Reading:

• Summary of Family Admissions Categories

• “Sham” marriages (322-33; problem 3(a) on page 329)

• Employment-based immigration and labor certification (349-56, 364-74)

• The Structure of Labor Migration Rules

As you read, consider the following questions:

• Who is excluded from the definition of “family” under the INA? Should the government have the authority to decide which family configurations are eligible for immigration benefits?

• Under the 1986 Immigration Marriage Fraud Amendments, recently married spouses have access to a green card that is conditional for the first two years. What exactly does the couple have to do for this conditional status to be lifted? Why do you think IMFA requires these particular steps?

• Many of the labor admission categories require “labor certification” or some variant of it. What is the goal of labor certification? How do the standards that are part of the certification process advance that goal, if at all?

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