Immigrant employment laws regulate the employment of non-citizens in the United States. This vast area of law surrounds requirements for both foreign employees and domestic employers employing immigrants. Such laws deal with matters like:
- Work visa prerequisites and applications for foreign nationals hoping to travel to the U.S. for employment;
- Limitations on the number of work visas that can be allocated each year (these are called “quotas”);
- Conditions and policies for employers hiring non-citizens; and
- Punishments for breaches of immigration and employment regulations.
There are many different categories for temporary immigration based on employment. Some standard fields of employment for immigrants include construction, education, agriculture, services industries, and various professional fields and practices.
Who Qualifies as a Temporary Worker?
For immigration and H-1B visa purposes, temporary workers may include:
- Individuals with training in a specialty occupation requiring completion of higher education, such as educators, medical experts, health workers, engineering and math professionals, and legal specialists
- Particular non-medical or non-academic students
- Specific seasonal employees (such as agricultural workers)
- Individuals with “extraordinary ability” in areas such as the arts and sciences, business, athletics, motion picture/television, and education
- Some athletes
The temporary worker needs to have a U.S. employer who will sponsor them during the application process. The employer will need to fill out different forms and present some documents to the U.S. Department of Labor and the immigration department.
To qualify for a temporary work visa, the employee must show that they have ties outside of the U.S. and have no intention of abandoning such ties to stay permanently in the U.S. They must also meet other prerequisites such as a criminal background check and a basic medical examination.
How Long Does a Temporary Work Visa Usually Last?
H-1B visas are usually valid for up to 6 years. An extension may be available in some examples. After the visa has expired, the worker may be required to live outside the U.S. for a set time before they can qualify for readmission as a temporary employee.
Lastly, you should note that getting a temporary worker visa doesn’t automatically ensure admission into the U.S. The applicant still needs to meet all the conditions for entry into the country (such as a valid travel passport, criminal record clearance, etc.)
What Is an Immigrant Workers Permit?
A worker’s permit, or work permit, is a legal document confirming that a person is lawfully qualified to work in the United States. Under state and federal regulations, most adult citizens are not required to obtain a work permit to start working.
Nonetheless, under federal immigration regulations, some alien workers who journey to the U.S. under an employment visa may be required to get a permit.
How Is an Immigrant Workers Permit Obtained?
For non-citizen workers, a workers permit is usually acquired through the USCIS office through an Employment Authorization Document (EAD). Filing Form I-765 usually begins with this. EADs are normally temporary and only valid for up to 1 year at a time. The EAD filing is part of the overall employment visa application process in some cases.
Three different categories of persons may be eligible for workers’ permits.
These include:
- Individuals who have permission to generally work in the U.S. as a result of their non-immigrant status (Category 1);
- Individuals who are allowed to work for a specific U.S. employer as a result of their non-immigrant status (Category 2); and
- Individuals in a specific category that requires the filing of an EAD (Category 3).
The application for employment approval may entail slightly different elements for each category. You may need to consult with a legal expert for the exact requirements for your individual case.
What Should Immigrants Know About Employment in the U.S.?
First, foreign nationals applying for employment-based visas should comprehend the vast application process. It can often take anywhere from 6 months to 3 years.
The applicant will be required to submit many different documents and standard travel documents such as passports. For instance, they may be required to confirm their previous education, employment, and tax information.
What Are Immigrant Worker Rights?
Immigrant employees in the U.S. under a valid employment visa and work permit normally have similar rights to any other workers in the country. In fact, due to their background, they may also have specific rights that shield them from problems like harassment and employment discrimination against immigrants.
What Should Employers Know Before Hiring Non-Citizens?
In addition, the employer sponsoring the immigrant for work in the U.S. needs to prove that the foreign worker is qualified to fill the job description and that domestic employees are not currently filling the job.
This process is known as “Alien Labor Certification”; it can take a lot of time because the employer needs to supply immigration authorities with statistics and trends for the employment rates in their field.
The employer needs to demonstrate that the immigrant worker will fill a valid work position in the economy that can’t be filled otherwise. It is generally not acceptable for the employer to create a job position or “invent” one simply to petition someone to travel to the U.S.
Intentionally hiring an illegal immigrant is a severe offense and can lead to serious legal punishments for the employer.
How Can Employers Verify if an Employee is Eligible to Work in the U.S.?
Employers can confirm employees’ eligibility to work in the U.S. by verifying their employment through E-Verify. By law, all employers must complete Form I-9, “Employment Eligibility Verification Form.” The employer and employee must complete form I-9 once the worker is hired for pay.
Information from Form I-9 is then entered into the E-Verify database. The E-Verify system will then compare the Form I-9 and the worker’s immigration data from other government records.
What Are Some Penalties for Violating Immigration and Employment Laws?
There are different penalties associated with breaches of immigration/employment laws.
For the immigrant, these may include:
- Removal or deportation;
- Charges on one’s record;
- Negative impacts on work visa status; or
- Negative impacts on future ability to become a citizen.
Employing illegal immigrants can lead to many harsh consequences, such as:
- Criminal and civil fines; or
- Loss of business licenses.
Most fines are broken down into the following:
- First offenders can be fined $250-$2,000 per illegal worker.
- The fine is $2,000-$5,000 per illegal employee for a second offense.
- Three or more offenses can cost an employer $3000-$10,000 per illegal worker. A habit of deliberately employing illegal immigrants can mean extra fines and up to six months in jail for an employer.
Both employer and employee must verify work eligibility requirements. Recent programs such as the E-Verify computer system have made it more difficult for both employers and workers to avoid immigration regulations.
Do I Need a Lawyer for Assistance With Immigrant Employment Laws?
Immigrant employment regulations are enforced very strictly. You may wish to hire an immigration lawyer if you or your loved ones need assistance with an immigrant visa application.
Your lawyer can help you with the various rules and regulations that apply to your case. An attorney is needed for applications and appearances before an immigration judge in most circumstances. Use LegalMatch to take the first steps towards resolving your immigration issue today.
