Employer Information
E-Verify Employment Eligibility
How To Verify Employment Eligibility (Form I-9 and E-Verify)
As an employer, you may need to hire foreign labor when a U.S. citizen is not available. As a starting point you will need to consider whether you wish to petition for permanent residence (a green card) for your prospective employee to work here permanently or whether you wish to petition for someone to come temporarily to the United States to fill an employment need.
Permanent Workers
Foreign workers may obtain permanent residence (a green card) if they are able to establish that they have unique skills, or are being offered a job in the United States that will not displace a U.S. worker or have an adverse effect on wages and working conditions of U.S. workers. This determination is made by the Department of Labor and is demonstrated by obtaining a “labor certification.”
Permanent worker visas are broken into five preference categories. For a description of the preference categories, see the “Permanent Workers” link to the left.
Department of Labor: Labor Certification
A U.S. employer who is “sponsoring” or petitioning for a permanent worker may be required to obtain a labor certification from the Department of Labor (DOL) verifying that there are an insufficient number of available, qualified, and willing U.S. workers to fill the position, and that the employment will not have an adverse effect on the wages and working conditions of similarly situated U.S. workers. For more information, see the “Permanent Labor Certification” link to the right.
Permanent Residence (a Green Card) Through a Job Offer
Many people become permanent residents through a job or offer of employment. Some categories require a certification from the U.S. Department of Labor to show that there are not enough U.S. workers who are able, willing, qualified, and available in the geographic area where the immigrant is to be employed and that no America workers are displaced by foreign workers.
In other cases, highly skilled workers, those with extraordinary ability in certain professions, and investors/entrepreneurs are given priority to immigrate through several immigrant categories. In all cases, the process involves several steps. Main ways to immigrate based on a job offer or employment are:
Green Card Through a Job Offer
You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you.
Green Card Through Investment
Green cards may be available to investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs.
Green Card Through Self Petition
Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.
Green Card Through Special Categories of Jobs
There are a number of specialized jobs that may allow you to get a green card based on a past or current job. All of these require a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, For information on how you can obtain a Green Card Through a Job Offer feel free to Contact one our Immigration Attorneys Calls, letters and electronic mail are welcome.
Temporary Workers
There are several temporary (nonimmigrant) categories which allow a foreign national to work in the United States. For a list of these nonimmigrant categories of temporary workers, as well as information on the petitioning process, see the “Temporary Workers” link to the left.
Department of Labor: Labor Condition Application
Some nonimmigrant categories require that a U.S. employer obtain a certification of labor condition application from the Department of Labor. That application requires the employer to state (“attest”) that it will comply with the following requirements:
The employer must pay a wage that is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area.
The employer must provide working conditions that will not adversely affect other similarly employed workers.
The employer must attest that there is no strike or lockout at the place of business of the prospective temporary worker.
The employer must give notice to the bargaining representative or post a notice at the place of business that a labor condition application has been filed with the DOL.
How To Verify Employment Eligibility (Form I-9 and E-Verify)
All U.S. employers must verify the employment eligibility and identity of all employees hired to work in the United States after November 6, 1986 by completing an Employment Eligibility Verification form (Forms I-9) for all employees, including U.S. citizens. Employers who hire or continue to employ individuals knowing that they are not authorized to be employed in the United States may face civil and criminal penalties.
Employment Eligibility Verification
E-Verify Connection
Handbook for Employers I-9
All U.S. employers must complete and retain a Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. On the form, the employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and relate to the individual and record the document information on the Form I-9.
Where to File : Form I-9 must be kept by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials (e.g., Department of Homeland Security, Department of Labor, Department of Justice).
Handbook for Employers I-9
M-274 Handbook for Employers
Instructions for completing Form I-9
Employment verification Form
E-Verify Connection
E-Verfy A publication of U.S. Citizenship and Immigration Services
PDF Version available Online
Issue IV-August 2011
Employment Eligibility Verification Form I-9
Form I-9 Employment Eligibility Verification
Source: Handbook for employers
M-274 (Rev. 06/01/11) N
US Citizenship and Immigration Services
www.uscis.com
E-Verify Connection
www.dhs.gov/E-Verify
For a consultation or more information about Employer Information and E-Verify Employment Eligibility
Contact our Chicago Based Law Firm at :
Scott M. Beller & Associates
208 S La Salle Suite 1400
Chicago, IL 60604-1251 Chicago, Illinois
Phone:(312) 782 4800
Fax:(312) 263 3416
E-mail:info@scottbeller.com
The materials contained in this website have been prepared by Scott M. Beller & Associates for informational purposes only and are not legal advice or counsel. Contacting us does not create an attorney-client relationship, please do not send any confidential information to us until such time as an attorney-client relationship has been established.
