Immigrant Employment Laws: What does it contain?
Updated: Jan 3
If you are a company that is looking for immigrant workers out of business necessity, knowing about provisions in the immigration employment law is crucial for having trouble-free business operations while maximizing the abilities and talent of every possible person you can hire, even from outside the United States. These laws cover the following:
a. Prerequisites for work visas and applications for foreign nationals who seek employment to the U.S.
b. Quotas, or limitations on the number of work visas allocated yearly.
c. Policies and conditions for employers when hiring foreign nationals.
d. Punishments for violations of immigration law, health and safety laws, employment discrimination, workers compensation benefits, and other employment regulations.
Based on employment and industries, there are many different categories for temporary immigration. The standard industries involving immigrant workers include construction, agriculture, the health industry, education, and other professional fields.
Who Qualifies as Immigrant Workers Under These Laws?
A temporary worker qualifies for an H-1B visa if:
a. Specific non-academic or non-medical students
b. Individuals with training in a specialized occupation requiring completion of higher education, such as medical experts, educators, engineering and math professionals, medical experts, and legal specialists.
c. Some athletes
d. Individuals with "extraordinary ability," such as in business, arts and sciences, athletics, education, and motion picture/television.
e. Specific seasonal employees, such as agricultural workers.
The H-1B visa requires the U.S. employer to sponsor them during the application process. It is the responsibility of the employer to fill out and submit the required documents to the U.S. Department of Labor and the Immigration Department.
To qualify for a temporary work visa, a temporary employee must show ties outside the U.S that they don't have any intention of abandoning to stay permanently in the U.S. They should also satisfy criminal background checks and medical examinations.
What is an Immigrant Workers Permit?
A worker's permit is a legal document that confirms that a person can work legally in the United States. Under federal laws and state laws, most adult citizens are not required to have a work permit before being eligible to work. However, under federal immigration law, some foreign citizens who hold employment visas may be required to get a permit.
What Should Employers Know Before Hiring People of a Different National Origin?
As an employer, you need to prove that a different national origin worker is qualified to fill the job description, which domestic-based employees can't. To do so, an employer should provide evidence to immigration authorities that support their demand for a foreign temporary worker. This detailed report may include statistics, employment trends, and how your specific industry will require foreign workers. Inventing a job position to petition someone to travel to the U.S. is unacceptable. The employer should demonstrate that the worker of a different national origin should be able to fill the valid position to satisfy employment eligibility verification requirements. The consequences of violating this, or hiring an illegal immigrant, can lead to serious legal repercussions for the employer.
What Should Immigrants Know About Being Employed in the U.S?
Nationals belonging to any national origin group outside the U.S. should be familiar with the complicated employment visa application process. This process may take between 6 months to 3 years. The applicant should submit the necessary documentary requirements and possess standard travel documents like passports. During the application process, foreign nationals should be able to confirm previous employment, education, and tax information.
What are The Rights of Immigrant Workers?
For starters, the United States government protects workers of a different national origin through the National Labor Relations Act the same way citizens of the United States are, regardless of citizenship status or workers immigration status. Immigrant employees have the same specific rights, such as health and safety rights, employment discrimination-based rights, harassment, and specific laws, such as protection against national origin discrimination. Anti-discrimination laws and safety laws protect everyone, even undocumented workers. Recently, an official government organization, the National Labor Relations Board, released a new protocol to improve immigrant workers' protection to exercise rights under the National Labor Relations Act freely and to participate in NRLB investigations.
What Are The Consequences of Violating Immigration Laws and Immigration Employment Laws?
If an employer hires illegal immigrants, the consequences can be severe:
a. Loss of business licenses
b. Criminal and civil fines
For the immigrant workers:
a. Deportation or removal
b. Negative record on work visa or immigration status
c. Charge filed on one's record
Fines can range between $250 to $2,000 per undocumented worker for first offenders. Repeat offenders will face fines of at least $3,000. Employers who repeatedly hire illegal immigrants may be imprisoned for up to six months.
Takeaways: For Immigrants and Employers Who Need Assistance in Immigration Employment Laws, Westover Law Firm Is Here For you
Immigration employment laws are strictly enforced. Given how immigration laws and employment laws can be complicated, hiring an immigration lawyer to guide you through the legalities involved in the hiring process is crucial, especially for businesses that need other workers to function properly. Immigrants currently employed in the U.S. need the help of immigration lawyers to help them with their rights, as well as enjoy government benefits potentially in store for them. The Westover Law Group guarantees the treatment of each case individually. Our attorneys will ensure that we deal with each case from the beginning. We take pride in our honesty, realistic strategies, and results from initial consultation, legal representation, and appeals. To know more about immigration employment laws, whether you are an employer or an immigrant, call us at (480) 284-4200 or fill out the contact form on this page. We can also answer specific questions, such as when can an immigrant apply for citizenship, or help with their immigration status when under the Immigration Refugee Protection Act, among other matters.