As a small business owner, you will probably need to hire a few employees for your business to be successful. Finding good candidates can be a difficult task. Add to this list the application of anti-discrimination laws, payroll taxes and other regulations; In this perspective, you might feel stressed by the prospect of hiring employees.
Sometimes there is not an adequate supply of US citizens that meets their needs. In that case, you may need to search for the hiring an immigrant worker. Please note that regardless of whether you are hiring a U.S. citizen or an immigrant, you are required by law to ensure that the person is eligible to work in the United States.
Verification of eligibility to hire an employee
When hiring any employee, you are required to check that he or she is legally eligible to work in the United States. To do so, you need to submit an Employment Eligibility Verification form (Form I-9) within three days of hiring the employee. Form I-9 provides the procedure for verifying an employee’s eligibility to work, including examples of the types of required documents that an employee must present for verification. While employers are prohibited from hiring employees without legal status, they are also prohibited from discriminating against job applicants or employees based on national origin or citizenship status.
Employment-based immigration
There are several ways to legally immigrate to the United States. For those who wish to immigrate here in order to work in the United States, there is the option of applying for and obtaining a work visa. There are employment-based non-immigrant visas and immigrant visas. The main difference between these two types of employment visas is that the first is for those seeking temporary authorization to work in the US and the second is for immigrant workers who want to stay and work in the US permanently. The United States Citizenship and Immigration Services (USCIS) and the Department of Labor (DOL) provide useful information on employment-based immigration.
Non-immigrant visas
An immigrant worker can obtain a non-immigrant work visa, which will allow him to work in the United States for a temporary period of time. Visas that grant temporary worker status require sponsorship from an employer. The type of temporary visa that an employer needs to apply for will depend on the position they need to fill. For a temporary visa to be granted, the employer must apply for the visa and show that the position for the immigrant exists. In case the immigrant is fired or fired, he is no longer allowed to work in the United States.
Immigrant visas
If you have found an immigrant worker that you would like to sponsor for a green card (lawful permanent resident status), there are certain steps you must take. Before deciding to do this, it is important to know that sponsoring an employee for a green card can be difficult. The waiting period for a green card can take several years, depending on the employee’s country of origin.
Also, in most cases, the employer will need to show that there are no US citizens available for the position. To demonstrate this, the employer must go through the PERM Labor Certification process. This process generally requires the employer to advertise the job, interview the candidates, and show that those candidates were unsuitable for the job. Once the employee receives their green card, they are eligible to stay in the US indefinitely and free to work anywhere they want.
Obtaining legal help
If you have any questions or concerns about hiring an immigrant worker, you can contact an immigration attorney in your area. For more general questions regarding hiring policies and practices, you can contact a local employment law attorney for further guidance.