Businesses of all sizes must be aware of the various Federal laws surrounding the employment of immigrants. Failure to do so may result in significant penalties from the government and disruption of your business.
The I-9 Form
No matter who you are hiring, you must have any newly hired employee complete a standard form called the “I-9” form The I-9 form is designed to verify the employment eligibility of employees. Employers are required to review certain forms of identification, such as a passport, driver’s license, or Social Security card, from the new employee and record the information on the appropriate form of identification on the form. This form has to be filled out immediately after the employee is hired.
Some employers will have applicants fill out the I-9 form during the application process to accelerate the hiring process. However, this is not advisable because the I-9 form is designed to be filled in after the employee is hired. Also, if the employee ends up not taking the job for whatever reason, then the employer has collected sensitive personal information unnecessarily which has to be managed.
Interestingly, you do not then file the I-9 with the Federal government, but you must keep it on file either three years after hiring the employee or one year after termination, whichever is later. The Federal Immigration and Customs Enforcement agency may audit the records of a business’ I-9 forms to ensure that the employer is checking the identity of its new employees.
Foreign Labor Certification
Hiring foreign workers can be a complicated process for businesses. An employer must seek what is called a “labor certification” from the U.S. Department of Labor. Once that is obtained, then the employer must petition on behalf of the foreign worker to obtain a visa from Citizenship and Immigration Services (also known as USCIS). The employer is responsible for processing these applications and ensuring that they are done accurately and in compliance with the law.
Employers must ensure that they meet all of the necessary regulations regarding employment law and immigration law. These rules are not simple to navigate so employers must take care to ensure compliance.
Natural Origin Non-Discrimination
Federal law, and laws of many local jurisdictions, prohibit discrimination based on national origin. National origin discrimination occurs when a person is treated negatively because he or she is, or believed to be, from a particular country or geographic region. National origin discrimination can also include discrimination based on an accent or ethnicity. So, an authorized foreign worker cannot be discriminated against based on immigrant status or citizenship. Also, employers cannot create policies that apply to all employees, but have a harmful effect on people of a certain national origin and has no rational business justification. Employers must be “blind” to national origin like other protected categories such as gender and race.
Contact a Knowledgeable Lawyer for Assistance
Treading into the field of Federal and local regulatory law can be confusing for busy business owners. The experienced and dedicated attorneys at Callagy Law are ready to help answer your questions about forming a business or ensuring that your existing business is in compliance with the law. Contact Callagy Law today for legal guidance.
Learn More About Callagy Law Here:
Immigration Law Primer for Businesses
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