What is the connection between immigration law and employment law?
Businesses are primarily regulated by state law, which includes following tax laws, employment restrictions, and work authorization verification. The most visible connection to immigration law is establishing lawful status to work in the U.S. Employers must obtain I-9 forms from all employees, requiring evidence of work authorization through documents like birth certificates, social security cards for citizens, or work permits and visas for immigrants.
How do immigration and employment laws benefit employers and employees?
Employment laws protect workers through anti-discrimination provisions and safety regulations, while helping companies manage their workforce legally. Immigration law establishes standards for foreign workers, such as the H-1B visa program’s Labor Condition Application (LCA), which sets minimum wage requirements to prevent undercutting U.S. workers’ wages, particularly in areas like the Bay Area.
What challenges do businesses face when hiring foreign workers?
The cost of hiring foreign workers has become increasingly expensive. Basic fees and reasonable attorney costs can reach $10,000 per worker. Large tech companies like Google spend millions annually on immigration-related expenses and legal resources. Smaller businesses and startups often work with boutique immigration firms for more personalized service and detailed attention to their specific needs.
How do companies determine the appropriate visa for foreign workers?
The visa selection depends on various scenarios. For instance, F-1 student visa holders completing their programs can transition to OPT (Optional Practical Training) status, allowing them to work while maintaining student status. They can then transition to other statuses like H-1B or O-1A. Another scenario involves foreign entrepreneurs applying directly for self-petitioned green cards through EB2 NIW (National Interest Waiver).
How can businesses protect themselves when employing foreign workers?
Companies should conduct thorough background checks, verify educational history, and review candidates’ residential history. While employers cannot request previous visa applications, they should ensure all information aligns once they sponsor workers. It’s crucial to follow proper protocols and avoid compromising situations, such as maintaining employees on payroll incorrectly during layoffs.
What are the consequences of non-compliance with immigration laws?
Violations can result in daily fines, particularly for incorrect I-9 documentation. Severe cases may lead to business closure. USCIS conducts site visits for H-1B employers, and layoffs can affect green card sponsorship processes. Working with unreliable staffing agencies involved in fraud can create legal issues for companies. The most common violation is employing unauthorized workers, whether intentionally or unintentionally.
What advice is crucial for entrepreneurs navigating U.S. immigration law?
Entrepreneurs must carefully track important dates and requirements, particularly their I-94 authorized stay duration. Visa approval periods don’t always match authorized stay periods. For instance, a 10-year visitor visa only permits 6-month stays per entry. During layoffs, foreign workers have either 60 days from termination or until their status expiration to maintain legal status, whichever comes first. Overstaying can result in serious consequences, with stays beyond 180 days requiring three years before reapplication.