There are many different laws regarding employees working in the United States, there are strict laws and procedures for employees who are working in the U.S. from another country. All of these laws and procedures can be confusing, and difficult to abide by. The Immigrations and Customs Enforcement (ICE) is becoming increasingly strict about enforcing all of these laws, if you are found not to be in compliance with any of these laws, you could face very serious punishment.
As of November 6, 1986 every employee regardless of citizenship status, is required to fill out a form called an I-9 form. This form is used to verify the employees authorization to work in the United Stated whether a citizen, or an alien on a work visa. If this form is falsified or not completed, and a company who employs an illegal alien is audited by the ICE, then the employers could face very serious legal ramifications for their neglect or unscrupulous actions.
There are situations where the employer may not be intentionally falsifying a document, but rather they are confused as to what laws are applicable. For example, it is not common knowledge as to whether or not an alien in America on a student visa can work. The answer to this particular scenario is that someone on a student visa is not permitted to work full time. Family visas are not proof of an individual’s employment eligibility either. There are many other questions that resemble this, and can be difficult to find the answer to.
In 1986, employers and immigrants in the United States felt major changes in the way that matters of employment would be handled moving forward. At this time, the Immigration Reform and Control Act was introduced, effectively criminalizing employers who knowingly hired illegal immigrants for work within the U.S. Now, more than 30 years later, employers in states throughout the country are required to be actively involved in the employment processes for their business. Only nationals, citizens, and authorized aliens are legally considered to be eligible for work in the U.S., and employers and employees who ignore this standard can suffer legal repercussions for doing so.
As there are so many laws about immigration alone, there are many questions regarding eligibility for employment in the United States for those who are not legal residents. The answers to these questions can be confusing and difficult to follow if sought without the help of someone who knows the law. At Pozo Goldstein, LLP we are committed to providing the best possible legal aid to each of our clients. We offer a free in-house case evaluations,are available 24/7, and offer extensive one-on-one personal service to our clients as well as many other benefits. Every New York immigration attorney on our legal team is well-qualified to represent your case in court; we have a former judge as well as former immigration prosecuting attorneys and a police captain. These assets give our firm an advantage that few other law firms can offer to their clients.
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