| Actions for Damages - Generally and Private Causes of Action |
| There are at least four types of actions for damages that may be brought by aliens as a result of their alleged treatment by governmental officials: (1) claims under the Federal Tort Claims Act; (2) actions under the federal civil rights statutes; (3) Bivens actions; and (4) private causes of action. These different theories of recovery differ in many ways, including what prerequisites exist before a lawsuit may be pursued, who may be sued, and what may be recovered.More... |
| Employment-Based Visas - Labor Certification - Availability of Native Workers - Lawful Rejection of U.S. Workers |
| Employers who wish to bring in alien labor must apply for and receive labor certification for those workers. The United States Department of Labor decides these applications, determining, among other things, whether sufficient native workers are available to fill the positions. To be considered in the pool of sufficient workers, natives must be able, qualified, willing, and available for the job.More... |
| Medicaid Coverage for Qualified Aliens |
| Medicaid, a federal and state funded program of health care coverage, provides important benefits to low-income and disabled Americans. Some immigrants, aliens who travel to the United States permanently to live and work, are also eligible for Medicaid coverage. To be eligible, an immigrant must meet the definition of a qualified alien. Additionally, a five-year bar on immigrant benefits applies to many qualified aliens, so this period must expire before immigrants subject to the bar may receive benefits. More... |
| Immigration Act of 1990 |
| The Immigration Act of 1990 (IMMACT) was the first major change to United States immigration law since 1965. Among other things, IMMACT changed the number of immigrants to the United States and changed the preference system for admitting immigrants.More... |
| Employment Issues - Generally |
| There are many issues surrounding the employment of immigrants who are already in the United States. Employers in the United States are prohibited from knowingly hiring undocumented aliens or aliens without the proper work authorizations. They are also prohibited from continuing to employ an alien whose status has changed from authorized to unauthorized to work.More... |
Elsa T. Gonzales, P.C.
Immigration is Our Only Business