It is no secret that businesses always look for talented individuals to help them grow and succeed. In today’s economy, where companies compete for the best and brightest employees, many business owners turn to immigrants to fill vacant positions. But before hiring an immigrant, it is essential to understand the process and what is required. This article will provide an overview of the steps in hiring an immigrant worker.
1. Employment Eligibility
The first step in hiring an immigrant is to ensure that the individual is eligible for employment in the United States. There are several ways to do this, but the most common is to check the individual’s status with the U.S. Citizenship and Immigration Services (USCIS). The USCIS website provides a list of acceptable documents that can be used to verify an individual’s employment eligibility.
You can also use the E-Verify program to verify an employee’s eligibility. A free online tool called E-Verify verifies data from an employee’s I-9 form with records in the databases of the Department of Homeland Security and the Social Security Administration.
2. Documentation
Once you have verified that the individual is eligible for employment, the next step is to gather the necessary documentation. The USCIS website provides a list of acceptable documents that can be used to verify an individual’s identity and employment eligibility. Here are some of the most common documents that are used:
- Passport: Most immigrants will have a passport from their country of origin.
- Green Card: Immigrants with permanent resident status in the United States will have a green card.
- I-94 Arrival/Departure Record: This document is issued to all foreign nationals entering the United States. It includes information such as the individual’s immigration status, the length of time they are allowed to stay in the United States, and their country of origin.
- Employment Authorization Document (EAD): A work permit allows an immigrant to legally work in the United States for a specific period.
3. Checking Background and References
It is important to perform a background check on all potential employees, regardless of their immigration status. This will help you to verify the individual’s identity and to ensure that they are not hiding anything that could be a red flag. For example, you will want to check for any criminal history that could make the individual ineligible for employment.
You should also check the individual’s references to verify their qualifications and to get a better sense of their work history. People who have worked with individuals in the past can provide valuable insights into their skills and abilities.
4. Completing the I-9 Form
The next step in hiring an immigrant is to complete the I-9 form. The I-9 form is used to verify an individual’s identity and employment eligibility. All employers are required to complete this form for all employees, regardless of their immigration status.
On the I-9 form, you will need to provide the individual’s personal information, such as their full name, date of birth, and Social Security number. You will also need to provide information about their immigration status and work eligibility.
5. Sponsoring an Immigrant
If you are hiring an immigrant who is not a permanent resident or citizen of the United States, you may need to sponsor their visa. The visa sponsorship process can be complicated, so it is important to work with an immigration lawyer to ensure that you are following all the necessary steps.
Sometimes, an employer is required to sponsor an immigrant’s green card. This is typically done if the individual is being hired for a position that requires special skills or qualifications.
Now you know the five steps that are involved in hiring an immigrant. By following these steps, you can ensure that you are compliant with all the necessary laws and regulations.
What to Do in Case One of Your Immigrant Employee Is Detained by the ICE
If one of your employees is detained by the ICE, it is important to know your rights and responsibilities. First and foremost, you should not try to negotiate with the ICE on behalf of your employee. Only a lawyer can do that.
You also have the right to request a notice of detention from the ICE. This notice will provide you with information about your employee’s rights and the steps that you need to take in order to help them.
You should also fulfill the immigration bond requirements and provide the ICE with a list of documents that they need in order to release your employee.
Finally, it is important to keep in mind that you cannot be held liable for the detention of your employee. The ICE has the right to detain any individual they believe to be in the country illegally, regardless of their immigration status.
If you are an employer, it is important to be aware of the steps you need to take to hire an immigrant. By following these steps, you can ensure that you are compliant with all the necessary laws and regulations.
