Unrestricted Legal Right to Work in the U.s

All employees, including U.S. citizens and permanent residents, must prove that they are authorized to work in the United States. Since 1986, immigration law has required employers to hire only workers approved by the U.S. government to work in that country. Employers are required by law to verify (verify) the identity and eligibility of each employee to work. For this reason, all workers, not just immigrants, must complete an Employment Eligibility Verification Form (I-9). Some employers also use E-Verify, a voluntary Internet program that allows participating employers to electronically verify the eligibility of all new employees to work with the Department of Homeland Security (DHS) and the Social Security Administration (SSA). Employers enrolled in E-Verify should only use the electronic system after the employee is hired and the I-9 process has been completed. Some employers are also enrolled in the Social Security Number Verification Service (SSNVS), which is administered by the SSA but does not verify an individual`s work permit. The SSNVS can only verify that the social security number provided by the employee matches the SSA records.

If you want to be legally allowed to work in the United States, you must be a citizen or permanent resident. This is also possible without these statuses, as long as you get an EAD. Obtaining an EAD can be done in several steps, so make sure you have the correct documentation, fill out Form I-765 correctly, and send it to the correct address. Also, make sure you have the necessary funds for the application fee. Q. One applicant submitted a work permit document that expires next month. As an employer, I do not want to train the employee without having the assurance that he will always be entitled to a job in the future. Can an employer reject the applicant because of the uncertainty of the continued employment permit? Would you like to obtain a work permit in the United States? If this is the case, you need to know the right steps to get the work permit document.

The EEAS is granted by the United States Citizenship and Immigration Services (USCIS). The document will prove your eligibility to work in the United States. 1. Employers with four or more employees shall not, subject to certain exceptions, discriminate on the basis of their citizenship status with regard to recruitment, dismissal and recruitment or placement for improper purposes. Citizenship status includes a person`s immigration status. U.S. citizens, U.S. citizens, recent legal residents, refugee claimants, and refugees are protected from discrimination based on citizenship status.

Lawful permanent residents who do not apply for naturalization within six months of eligibility because of their length of residence and certain other categories of non-U.S. citizens are not protected from discrimination based on citizenship status. For more information about persons protected from discrimination because of citizenship status, contact IER at 8 U.S.C. § 1324b(a)(3). An employer may limit hiring to U.S. citizens only if required by law, regulation, executive order, or government contract. For more information about this exemption, please contact IER and 8 U.S.C. § 1324b(a)(2)(C). Q. An employee presented an employee with a document that appears to be false. Can an employer refuse acceptance without violating the anti-discrimination provision? If you have an expired work permit, you should always apply for an extension of your work permit at least 90 days before it expires. This is because immigration can take a long time to renew itself.

If you waited more than 90 days to get your new work permit (you applied for an extension more than 90 days ago), you may be eligible for a work permit for 240 days because the federal government is slow to issue your renewed work permit. In limited cases, a receipt can be used as a document until a new work permit is issued. These cases include: A. No. To verify eligibility, an employer must allow its employees to select which documents to submit from the lists of acceptable documents on Form I-9, and requesting one or more specific documents based on an employee`s citizenship status may violate 8 U.S.C. § 1324b(a)(6). If the documentation appears reasonably authentic and relates to the employee, another part of the INA instructions (in 8 U.S.C. Section 1324a(b)(1)(A)) and Form I-9 require the employer to accept them. If your employer has requested a specific document for I-9 purposes, contact IER.

Your employer must accept a receipt for a replacement document if your original document is stolen, damaged or lost. If you have any problems (for example, if your employer does not allow you to continue working), call the OSC helpline above. Q. I was denied a job because the employer only likes to hire workers on temporary visas. Does the employer have the right to do so? Employees must prove that they are authorized to work in the United States, and employers must verify the identity and eligibility of all new employees. This authorization is officially known as the Employment Authorization Document (EAD), which allows a non-citizen to work in the United States. At the beginning of work, new employees must EITHER: A work permit means that you have the right to work in the United States. If you are a U.S. citizen, whether you were born or naturalized in the United States, this means that you can work in the United States without any problems. However, foreigners are only allowed to work if their immigration status allows it. A.

No. If an employee enters a USCIS or foreign number or an approval number in Section 1 of Form I-9, an employer may not request or display a specific document with that number or indicate what documents an employee can provide, based on the employee`s citizenship status. Asking an employee for proof of citizenship or immigration status when reviewing a worker`s employment authorization could be a violation of the law the ERC enforces in 8 U.S.C.

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