The American immigration system is complex. America’s long history as a nation of immigrants. Shifting priorities and politics resulted in many changes in immigration law throughout the centuries. Because immigrants live diverse lives, immigration matter tend to touch on things outside of immigration. As such, many different agencies may be involved in an immigration case.
This video provides an overview of the primary agencies involved in immigration. We will provide a brief overview of their function, purpose, and explain how they affect the lives of noncitizens.
Responsibilities over immigration is divided amongst four different federal departments: Homeland Security, State, Justice, and Labor.
Homeland Security and its subsidiary agencies carry arguably the largest load. US Citizenship and Immigration Services reviews the bulk of immigration benefit requests, including nonimmigrant petitions, green card applications, work authorization, asylum, and others. Its duties are only delegated to other agencies – immigration courts and U.S. consulates – in limited circumstances.
Customs and Border Patrol inspects noncitizens who enter the U.S. in airports and ports of entry. They also apprehend those who attempt to cross border without inspection.
Immigration and Customs Enforcement is responsible for the deportation and removal of noncitizens who do not comply with immigration law. ICE attorneys initiate actions to remove noncitizens. In more severe cases, ICE may even detain noncitizens during removal proceedings. ICE maintains the SEVIS records for F-1 students. They also audit U.S. employers to ensure I-9 compliance.
Within the State Department, U.S. consulates and the National Visa Center are responsible for issuing visas that grant entries into the U.S. under specific status. The National Visa Center works closely with USCIS. Once USCIS approves a petition whose applicant will need a visa, it forwards the petition to the National Visa Center for processing. The NVC then works with the consulate to review visa applications before issuing the visa. Some visas, such as the E visas, do not go through USCIS at all and are wholly the consulates’ responsibility.
The Labor Department is involved in most forms of employment-based immigration cases. It reviews the suitable prevailing wage for PERM and H-2B cases, labor condition applications in H-1B cases. Such cases typically need to go through Labor first before they come other other agencies’ scrutiny. It ensures employers comply with recruitment standards and fair labor practices.
Executive Office of Immigration Review, commonly known as Immigration Court, performs a court-like function when ICE initiates removal proceedings against a noncitizen. In a typical immigration court setting, ICE will have an attorney sitting on one side.
Depending on your personal situation, a noncitizen may run into one or more different agencies in their immigration journey.
Because the immigration system is split amongst many agencies, communications between them isn’t always perfect. Each agency keeps their own records. Each provides their own tools to assist noncitizens. Each has different contact information, structure, and work style. These differences account for much of the complexities in immigration practice.
In our description, we have a link to our website that contains resources to help people check their immigration case status.
Shiao PLLC is an immigration law firm based in Washington, D.C. We emphasize honesty and thoroughness to deliver the best results for our clients. If you need immigration help, contact us.