Those who are living in the United States legally are allowed to work. The legal status of your visa will determine immigrant employment eligibility. When an immigrant works in the United States, the employer must authorize and verify each individual worker. Employees must have the correct approval necessary to seek employment in the U.S.
As an employee, you have some responsibilities. First, and foremost, you must not accept any work position in the U.S. until you have been properly authorized to do so. Every employee is required to submit documents to their employer, to prove their identity as well as their legal right to work in the United States. The employer is required, by law, to ensure that the employee presents acceptable documents, which are suitable for review.
Rights of Employees
Legal U.S. workers are afforded some rights while they are employed. Employers cannot discriminate against anyone at any time, including during the recruitment, hiring, and disciplinary functions. Employers must accept the documentation you provide to them. Additionally, they are expected to act in a professional manner at all times. Employees have the right to take action through the EEOC (Equal Employment Opportunity Commission), if the employer violates your rights.
Anyone who works in the United States is required to pay taxes on any earned income. The United States Internal Revenue Service, IRS, is usually paid taxes directly from your paycheck. However, tax forms must be completed and provided to the IRS every year. These are due in mid-April of each year. You are required to report earned income, even if your employer did not take out taxes or report it. Taxes can be complicated, so it is helpful to discuss your tax obligations with an attorney.
Working in the United States
The United States has many laws governing employment. These laws apply to all workers, including qualified immigrants. For example, there are laws that govern minimum wage, the lowest amount of pay that is allowed for certain types of workers. Employers must provide a safe work environment, and workers are only allowed to work specific hours or lengths of time in a row. These laws may vary from location to location. When seeking employment as an immigrant, it is advisable to consult with a qualified immigration attorney to ensure that your employment is done legally.
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 Immigrant Employment Eligibility, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, 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.