If you are in charge of hiring new employees for your company, then it is important you know how to properly screen them for their legal status and ability to legally work in the United States. When employees are not properly screened when hired or if you accidentally hire someone who cannot legally work in the country, then your company can face serious penalties and legal problems. To keep your business out of legal trouble, it is vital that you understand your responsibilities when screening new employees for legal work status.
There are four different classes of workers who can legally be offered employment, including:
Below is information on each of these legal working statuses:
United States Citizens
The first class of workers your company can easily hire without any immigration or legal issues are United States citizens. US citizens are those people either born in the country or those who have been granted citizenship by the US government. Citizens will provide you with their state ID card or driver's license and will have a Social Security card helping to prove their legal working status.
Green Card Holders
People who have legally immigrated to the United States through family and marriage and are authorized to work in the country have what are known as green cards. A green card is simply a government identification card given to resident aliens that gets its name from its green color. If a green card holder applies for work, they can legally work in the United States.
H-1B Workers
In addition to resident aliens who have a green card that allows them to legally work, there is a special class of workers who have what are known as H-1B visas. If your company chooses to hire someone who requires an H-1B visa, then you will be asked to sponsor them. Workers who need an H-1B visa need to be sponsored by their employer in order to keep their worker's visa.
Foreign Students on a F-1 Visa with a I-766 Worker Document
Finally, foreign students who come to the United States to attend a college or university are allowed to work a limited number of hours to help them pay for their educational expenses. If a foreign student applies for work with your company, then they need to provide you with an I-766 worker's document showing that you can legally hire them. If they do not have an I-766 worker document, H-1B visa, or a green card, then you cannot legally hire them. Contact an immigration attorney for more help.
Share20 September 2017
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