The Sept. 11 attacks immediately raised fears in immigrant communities of the possibility of a “crackdown” or “immigration moratorium” that would cover legal immigrants, visitors, temporary workers, and international students. In the weeks immediately after the attacks, law enforcement authorities detained numerous foreign nationals for immigration violations, the majority of them for staying beyond the expiration of their status or for working illegally. In addition, Congress has focused on improvements to the visa issuance process and increased border security as important components of the protection of Americans from further attacks.
To date, there have not been any changes in U.S. immigration laws or regulations that affects employer’s ability to obtain employment-related visa applications for foreign nationals. While observers expect a continual reevaluation of our immigration laws and policies, and possibly some changes, at this time there is little political support for significant legal changes that would affect employer-sponsored visa cases. Three collateral issues that will impact employers and employment-based immigration, however, are security procedures affecting the ability of employment-based visa holders to travel internationally; the change in attitude of many INS and consular officers to a focus on enforcement of visa requirements; and the continued unsettled state of the U.S. economy.
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