Immigration Law: Employment Eligibility Verification

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For those seeking to immigrate to the United States, it is crucial that the employer and worker file and complete all necessary employment eligibility documents and the individual is verified through the official channels. When these processes are not followed correctly, the company or single employer may face violation charges that could include both civil and criminal proceedings.

Employee eligibility when the individual is an immigrant is important for the foreign citizen, but the company or owner of a business may also face severe consequences if he or she has not followed proper protocol in ensuring that the immigrant has everything needed to continue working. The appropriate documents for taxation and other federal needs through an I-9 are compulsory. Other records such as a foreign work certification may be necessary, and it is important that the company or individual that hires these workers has satisfied all requirements before they begin working. Audits and assessments are
performed to ensure laws and regulations are adhered to by these companies.

Immigration laws affect foreign citizens seeking to work or live in the United States. To protect their rights to remain in the country, it is important that all legal documentation has been filed, sent to the correct authority and the company has kept strict records that are required by government liaisons. Eligibility to remain an employee in the country may change based on the Administration of the United States, and it is up to the company to ensure the foreign citizen has completed the paperwork. Additionally, the business that has hired him or her must keep records according to the federal government that are valid and up to date.

Workplace Authorization

When a foreign citizen has immigrated to the United States, he or she must pass a background check and an interview. Before he or she is hired with a company a work visa or temporary visa is provided along with other paperwork. Then, he or she may be authorized to work with a company for a restricted period that is often considered a probationary timeframe that other employees go through. As long as the business or organization keeps documentation and has not hired an illegal alien, the foreign citizen is provided the correct authorization to remain in the country as long as the visa remains active.

Problems occur when the employee has different names based on his or her work background or country of origin or other details that are not in line with the current information presented. The forms to ensure employment authorization is valid should be completed and given to the employer and then the immigration office. Both the employee and employer fill out authorization documentation. If the company is aware of complications in these matters, it could cause verification of the worker to fail and then other issues may arise such as deportation or fines to the business.

Employment Eligibility Requirements

For workplace authorization and verification, the foreign citizen has requirements that must be satisfied as per the Immigration Reform and Control Act and any new or altered regulations by the United States Administration. These requirements are placed on employers as well which necessitate the need to keep authorization and verification up to date. Companies and individual employers are not permitted to keep a foreign citizen employed if he or she is not authorized to work. The identity of the person must be verified and submitted through an I-9 as required by the United States federal government.

The Immigration offices and Code of Federal Regulations govern the ability for a foreign national to work within the country based on employment authorization, identity verification and all proper paperwork. Any violations of requirements must be filed to the corresponding service office. If any complaints are received, an investigation is issued with the company or foreign citizen. When someone has been discovered working without proper clearance, the local offices will issue a notice of intent to fine the company or employer. Sometimes this only needs paperwork and documentation to clear up the matter. However, if illegal activity has been occurring, the fines will be issued.

Immigration Law Legal Help

When an immigrant has been located and it appears his or her verification and authorization for work within the country may not be valid, he or she may need a lawyer to clear up the matter. This could involve contacting the company and ensuring the documentation has been supplied as needed. The legal representative will protect the rights of the immigrant when hired.


Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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