Employers have to comply with the 1996 Immigration Reform and Control Act in the United States. Employers are responsible for verifying that each of their employee is authorized to work in the United States. There are several steps and pieces of documentation required by law and regulation in the U.S., and any employer new to bringing in an overseas worker should be aware of this.
If you wish to hire someone who lives outside of the United States and bring them to this country for permanent work, you will need to file a petition for alien worker on Form I-140.
You may also need to complete a labor certification request from the US Department of Labor, Division of Foreign Labor Certification. This is known as ETA 750. If you intend to bring an employee to the United States for temporary status, although this does not include seasonal opportunities, or to receive training or general labor you can file an I-129 petition.
Employers in this situation will also most likely need to apply for temporary labor certificates from the United States Department of Labor, if you will be using seasonal workers. This typically applies to individuals bringing agricultural workers into the United States. This is why it’s a good idea to work with an immigration attorney who can tell you whether or not you have the necessary documents in line to aid in your employment efforts. Avoiding mistakes the first time around can prove very fruitful to bringing those employees to the U.S. as quickly as possible.
You need to be able to demonstrate that your actions in bringing in an employee from another country will not impact wages, working conditions or job opportunities for individuals already residing in the United States. You must also demonstrate that you are committed to recruiting employees in the United States already to fill the open position like radio and newspaper advertising. Having all your materials in order can make it a lot easier to go through this process with minimal delays or snags on your part.
Any employer who intends to use employees from another country should consult with an Arizona immigration attorney to ensure that they have followed all of the proper requirements and that they have taken steps to protect themselves and their employees. Understanding the process can be aided significantly by having an Arizona immigration lawyer explain it to you.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding What Employers Should Know About Hiring Overseas Workers, or other immigration matters , please feel free to contact Matthew L. White at 480.461.5304, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.