Immigrants can bring a wide range of experience to the U.S. workplace, and it is important for businesses to comply with employment requirements for these workers.
General requirements
There are several requirements of which business owners should be aware. First, it’s important to ensure the employee is authorized to work in the United States, usually through a work visa. The employer will need to verify the worker’s employment eligibility, their identity and fill out an I-9 form. They must keep accurate and complete records regarding work authorization.
If the employee requires sponsorship, it means that the employer will take responsibility for showing evidence that the employee’s skills and labor are needed. The employer may be required to report changes in employment status to immigration authorities.
The employer must follow all labor laws as well, like paying the employee at least the minimum wage and having safe working conditions. Also, employers cannot discriminate against applicants or employees based on their immigration status.
Impact of non-compliance
If an employer does not comply with immigration employment requirements, they can face consequences. They may be subject to fines and penalties, civil and criminal charges and they may lose the privilege of sponsoring foreign workers in the future.
In situations where the employer has repeated violations, the business may receive an injunction or restraining order or may be prohibited from participating in government contracts, for example.
If the public is aware of the business’s immigration violations, it can negatively affect their reputation in the community.
If a business needs advice to ensure they are complying with immigration employment rules, there is assistance available.
