Is U.S. citizenship
a legal requirement to employment in America or
can an employer hire an immigrant ?
Non-citizens can live and work in the U.S. through a variety of legal
methods. One of the most common is a temporary work visa. A visa can
be good for as long as up to six years.
However, companies hiring the immigrant, not the individual, must apply
and receive the work visa before the non-citizen can enter the country.
This type of temporary work visa is much easier to get than a green card.
A green card is for permanent residents who are non-citizen
to work in the U.S. , but the process for obtaining a work-related green
card can take months.
Is it against the law to hire illegal immigrants?
It is against the law to hire illegal immigrants. Employers are required
to make sure that all of their workers are authorized to work in the
U.S. A driver's license or state ID card can be used as proof of identity,
while a social security card or U.S. birth certificate are proof of work
authorization.
In addition, a U.S. passport, a certificate of naturalization, a permanent
resident alien card or an Immigration and Naturalization Service work
permit will all count as proof of authorization. Only one form of authorization
to work is required, and employers can not legally ask to see more if
an acceptable authorization has already been presented.
Do illegal immigrant workers receive the same legal protections
as everyone else?
Worker safety laws, laws against discrimination, fair wage laws, and
all other labor laws apply equally to all workers, regardless of their
status as U.S. citizens, documented immigrants, or undocumented immigrants.
Businesses that employ illegal workers and attempt to mistreat them,
pay them substandard wages, threaten them with deportation, or deny them
advancement due to their nationality will face stiff fines.
What are the specific penalties for hiring illegal workers?
The fines and penalties can vary from state to state. The biggest example
is Wal-Mart, who paid $11 million in a lawsuit filed by the federal government
for hiring undocumented immigrants as janitors.
State representative Ed Wildberger recently proposed a bill that would
create penalties for companies hiring illegal immigrants. The fines would
start at $10 per worker per day, and the company would be banned from
bidding on public projects for ten years.
Can employers show preference to U.S. citizens over qualified
foreign workers?
In a few specific situations, they can. If two candidates for a job
are equally qualified, a U.S. company can choose to hire a U.S. citizen
over a non-citizen. Also, a few jobs require U.S. citizenship by law,
notably in certain areas of law enforcement, so obviously employers are
unable to consider non-citizens for those positions.
In all other cases, discriminating against someone because they are
from a different country, speak with an accent, have a foreign sounding
last name, or don't speak fluent English is illegal.
What should someone do if they feel they have been discriminated
against because of their citizenship or immigrant status?
Find the phone number for the nearest office of the Equal Opportunity
Employment Commission, or call 1-800-669-4000.
As the immigrant population continues to increase, so will the
legal issues surrounding their rights.
Disclaimer
This information is general and may or may not apply to your situation.
The information contained on this web site is not to be considered as
legal advice. Since no two cases are identical, we recommend that you
contact an attorney in your jurisdiction to discuss the specific facts
of your case. Furthermore, since statutes and case law change so frequently
and due to information provided by other sources, we make no warranty
or guarantee concerning the accuracy of the content of this or any other
web sites to which we link.
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