IMMIGRATION AND VISA SERVICES
The Jenkins Law Firm assists employers nationwide with employment-related immigration matters.
Employing Non-U.S. Citizens in the United States
Foreign nationals generally work in the United States under one of many temporary (or ‘nonimmigrant’) visas. Each visa category has unique and often complex eligibility criteria. Our attorneys work with employers to assess the specifics of the company, the proposed U.S. job position, and the background and qualifications of the prospective foreign national employee. With this information, we determine the best work visa for both the short and long term.
Receiving Labor Certification for an Employee
The U.S. Department of Labor (DOL) requires a ‘labor certification,’ for an employer to offer permanent employment to a foreign national. Here, the DOL has a twofold and, at times, conflicting objective: (1) to protect the U.S. labor force, yet (2) to permit foreign nationals with beneficial job skills to work in the United States. The DOL will approve labor certification only if it is satisfied that there is an insufficient supply of available, willing, and qualified U.S. workers for the job in question and that the permanent employment of the foreign national will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Complying with Form I-9/Employer Sanctions
To stem the flow of illegal immigration into the United States, Congress has enacted legislation imposing penalties on employers who knowingly hire non-U.S. citizens who are unauthorized to work in the United States. Furthermore, paperwork and recordkeeping requirements apply to the employment of all persons, including U.S. citizens. These verification laws require completion of the INS I-9 Employment Eligibility Verification form, for which all employees must provide documentation to prove both their identity and authorization to work in the United States. The employer is responsible for confirming on the I-9 form that the documentation provided by the employee appears genuine and that, to the best of the employer’s knowledge, the employee is authorized to work in the United States.
Numerous provisions regulate when and how to complete the I-9 forms, where the I-9s must be retained in an employer’s personnel records, how long they must be retained, and more. For a first-time violation, the law imposes fines on employers of up to $1,000 per individual for a simple paperwork violation, and up to $2,000 for knowingly employing an unauthorized alien. A pattern or practice of violations triggers criminal penalties.
Employer sanctions provisions have changed the way U.S. employers hire their employees. The Jenkins Law Firm offers guidance to employers on the intricate, and potentially costly, issues in this area.
As many employers have experienced, U.S. immigration laws are enforced by governmental agencies that exhibit a restrictive and at times hostile response to immigration and the legitimate needs of businesses to employ the best available workers regardless of nationality.
