Immigration law is the national statutes, regulations, and legal precedents governing immigration into and deportation from a country. It is distinct from other matters such as naturalization and citizenship, although they are sometimes conflated. If you are already present in the U.S. on a temporary visa, you can apply for permanent residenct through Adjustment of Status process.
In the long run, immigrants typically positively impact their destination countries’ economies and societies. However, short-run economic pressures can make it difficult for businesses to hire needed skills.
1. Representation of Immigrants
Immigration law encompasses the national statutes, regulations, and legal precedents governing entry into a country as well as deportation from it. This branch of the law also deals with the rights and responsibilities of migrants, including their work status. It may also dictate who can become a citizen. Immigration policies are influenced by political and economic trends as well as local labor market conditions. For example, a country may require its citizens to have certain educational qualifications in order to be employed, or it might prohibit the employment of persons not legally permitted to work there.
Immigration laws reflect the changing attitudes of a nation toward migrants. For instance, in the 1860s, when US presidents promoted xenophobia and racism to discourage migration, they enacted laws imposing English literacy tests on would-be immigrants. Likewise, in the late 20th century, US legislators enacted policies that restricted immigration to those who could not support themselves, denied citizenship to those who did not meet basic requirements, and made it harder for immigrants to bring their relatives to join them.
In addition to influencing business practices, immigration laws have an impact on a nation’s culture and society as a whole. For example, how a country treats its refugees can have a lasting impact on its image abroad and international businesses. Immigrants are important to any community, and their contributions should be recognized. However, they are often misunderstood and subjected to unfair discrimination. It is crucial for host countries to develop options that allow immigrants to participate in government and other elected positions, as this will increase the representation of these individuals in the economy.
In addition, research needs to be conducted on how to support the career advancement of migrant workers. It is necessary to examine the intersectional arithmetic of a migrant’s gender, race, and mother tongue and how these factors can affect their professional outcomes in an international business setting. Further, research is needed on how to promote entrepreneurship among migrants, especially in their home-country markets. Kautto finds that when locals view migrant entrepreneurs as role models to be emulated rather than renegades to be sanctioned, they are more likely to imitate the migrants’ entrepreneurial behavior.
2. Representation of Employers
Immigration law addresses the movement of people into a country for either permanent residence or temporary work. The legal rules define who may enter a country, when, why, and how. They also establish taxes and trade policies, as well as determine the qualifications of workers and the wages they must receive for their work. These policies can have dramatic effects on businesses, both large and small.
Many countries around the world struggle to attract skilled workers, and business leaders regularly make the case that their firms depend on the availability of skilled immigrants to operate effectively. They often call for looser immigration laws that would allow them to recruit from abroad. However, the multidisciplinary literature on migration rarely recognizes a business’s role in shaping global staffing policy.
International companies employing workers in a foreign country may face difficulties if local employment laws do not permit them to comply with certain requirements, such as the right to organize labor unions. The employer must also be aware of local provisions governing the rights and responsibilities of employees, such as the requirement that the company provide written notice of termination. The law must also specify the reasons for termination, and if a worker is dismissed for an undisclosed reason, he or she must be paid an indemnity.
In addition to these specific legal requirements, employers must comply with the cultural and socioeconomic expectations of the local community, which can affect productivity and morale. This can be especially challenging for multinationals that seek to maintain a workplace environment consistent with their corporate culture, particularly when the employees are from a different ethnic background.
Some countries, such as Germany and Switzerland, have strict employment laws, while others are more flexible. In the case of Switzerland, the influx of skilled migrants from Eastern Europe has contributed to the country’s economic success.
The International Organization of Employers (IOE) represents the interests of businesses worldwide, including those that are based in a particular country and those with a presence across borders. It advocates on behalf of its member organizations within the tripartite governance structure of the International Labour Organization and in the context of other intergovernmental processes.
3. Representation of International Organizations
As a result of increased globalization, States have created international organizations in order to establish norms and rules that transcend national boundaries. These institutions are tasked with solving issues such as climate change, international resources management, and human rights violations. Creating international norms, managing these established standards, and adjudicating cases that occur beyond national borders have created new practice areas for lawyers.
While specialized bureaucracies manage the day-to-day operation of international organizations, ultimate authority rests with the State members. However, private sector associations and non-governmental organizations can also bring their concerns to the attention of these bodies through hearings and inspection panels. And individuals can also bring their concerns before these organizations, especially in the field of human rights.
The founders of international organizations understood that accountability was the key to their success. They designed the Security Council specifically with that in mind, requiring all members to agree on a decision before the body could authorize costly military interventions. They also instituted the use of the veto to ensure that the decisions of the body would bind all members.
These design elements of international organizations were meant to ensure that the most powerful nations would not abuse their influence. In some ways, they have worked. The balance of power at the United Nations has remained fairly stable over the last 60 years. This is despite significant shifts in the relative economic strength of specific States and the overall distribution of global power.
This suggests that the factors that influence the success of MNEs in the international context, including political stability, economic development, and quality of formal institutions, are relatively constant. Other influences are more variable and may call into question the validity of prevailing IB research. For example, the common understanding that headquarters’ employees are representative of their home countries and can cause serious culture clashes in cross-border M&As, is questionable given the global proliferation of migrant transnational ties.
The complexities of the modern international environment have made it increasingly important for attorneys to understand the interplay between the various players involved. The growing number of international organizations, the increasing mobility of workers, and the emergence of different types of business activities all suggest that it is time to rethink the approach we take to studying the impact of immigration law on international businesses.
4. Representation of Individuals
Immigration law involves the national statutes, regulations, and legal precedents that govern immigration into a country. It also deals with granting citizenship and other matters related to international migration, such as reunification of families or the employment of skilled workers. This is a highly specialized area of law, with lawyers often gaining experience through legal internships, externships, clerkships, and other hands-on opportunities.
Individuals wishing to emigrate to a country, either to work or live permanently, must undergo a rigorous process. They can seek the help of an immigration lawyer, who will guide them through the process and provide the necessary legal support. Immigration laws vary greatly around the world, from broadly inclusive to deeply nationalist and isolationist.
The United States, for example, has a well-developed system of visas that allows individuals to come to the country to work. These are categorized as non-immigrant, temporary worker, or permanent resident visas. Other categories include refugees and asylum seekers who are granted protection by the state because of persecution in their home countries for reasons such as race, religion, membership in a certain social group, or political opinion.
Immigration laws can majorly affect a nation’s economy and business. For example, if a nation restricts its immigration policies, it may lose out on workers with specialized skills or who can afford to pay higher wages. This can lead to lower productivity and less economic growth, as companies are unable to hire or expand their businesses.
Moreover, when a country has strict immigration laws, its citizens and residents may face difficulties in other nations that have liberal policies. For instance, executives in the IMD World Competitiveness Center have indicated that several countries that have adopted stricter immigration policies, such as Germany and Malaysia, have experienced a decline in the availability of senior managers with significant international experience. In contrast, Switzerland has remained attractive for foreign highly skilled people.
If you are interested in pursuing a career in this specialized field, consider an advanced degree in law or business administration with a concentration or specialization in immigration law. This type of program can bolster your expertise in this area, giving you the edge you need to succeed.
