An Introduction to Hiring Foreign Workers - March 2012

雇主寻求 雇佣外国人 must be careful to comply with all requirements of United States 移民 law as well as the rules and regulations from the U.S. 劳工部. 移民法很复杂, 不断地改变, and present harsh consequences for those who fail to strictly conform to their requirements. Of paramount importance for both the employer and the foreign worker is the need to maintain valid work authorization and legal status throughout the entire duration of employment.

Failure to maintain the proper work authorization can result in hefty fines and penalties for the employer and deportation of the employee—and his family, if their 移民 status is derivative--from the country.  The worker (and family) may also be prohibited from re-entering the United States as a result of “overstaying” their status. 如果逾期居留, the foreign worker and family may lose their eligibility to adjust status while remaining in the United States or to extend their stay when petitioning to renew their work authorization.

There are two main categories of foreign workers – immigrant and nonimmigrant. An “immigrant” is a person who intends to come to the United States and make a permanent home here. A “nonimmigrant” is a temporary visitor/worker who is required to maintain a foreign address as a condition of their nonimmigrant status. The requirements for sponsoring immigrant workers and nonimmigrant workers vary significantly. A lawful permanent resident (or “green card” holder) is the classic immigrant. Nonimmigrant workers fall into numerous classifications including H-2A (temporary agricultural workers), H-2B(非农业临时工), L-1A (executive or managerial intracompany transferee), R-1(宗教工作者), TN(北美自由贸易协定专业人员), and the most widely known H-1B (aliens in specialty occupations, 专业人士). Each category has its own specific requirements. 因为这篇文章很短, we will not go into detail about the different classifications of immigrant and nonimmigrant workers.

美国.S. 劳工部 requires that the employment of foreign workers must not adversely impact any U.S. 工人(U.S. 公民及永久居民). The employer must therefore obtain a Prevailing Wage Determination (PWD) from the U.S. 劳工部 which will provide the minimum compensation that the foreign worker must receive in order for the employer to sponsor the worker. The PWD is based upon several factors including geographic location, and level of education and experience required for the position. It is critical that the employer accurately describe the position in order to obtain an accurate prevailing wage. A PWD is required for most employment-based petitions.

The processes differ for hiring temporary workers, 比如H-1B专业工作者, as opposed to sponsoring workers for permanent residence (more commonly known as the “green card”). An employer will file Form I-129 (Petition for Nonimmigrant Worker) to petition for a temporary worker, 比如H-1B专业工作者. 为移民工人请愿, the employer must file Form I-140 (Petition for Immigrant Worker). Depending on the job classification and other factors, 雇主可以提交I-485表格, Petition to Register or Adjust Status concurrently with the I-140. 在大多数情况下, the employer must wait until the worker’s “priority date” on the approved I-140 becomes current before filing the I-485. In some cases, the employer and employee must wait years for a priority date to become current. Even a seemingly innocent or immaterial error in a petition may result in a denial of the benefit sought and, 在极端情况下, may set the employer and worker back years in the process.

United States 移民 law has strict requirements and it is highly recommended that an employer enlist the assistance of an experienced 移民 attorney in order to maximize their chances of success. 现金网官网 & 现金网官网 has the knowledge and experience to help guide employers through the complex process of hiring foreign workers.

写的 安妮·C. Lahren.