Immigration Attorneys in North Carolina

Employers Looking to Hire Immigrant Workers

The United States of America is recognized as a land of promise and opportunity. A vast number of visa applications each year are employment-based, meaning the hopeful immigrant desires to move into the country for work-related reasons. The United States government provides very strict regulations regarding these visas, however, which involve the responsibility of the employer as well as the potential immigrant employee.

Immigration Laws & Regulations for Employers

Before employers are even allowed to hire permanent immigrant workers, they must make every possible attempt to fill their positions using local U.S. workers. If they are unable to do so, then they must provide evidence to the U.S. Department of Labor (DOL) proving that their attempts failed and that hiring immigrant workers will not cause adverse damage to the wages of similarly-employed U.S. citizens in the area. The DOL will then provide them with a permanent labor, or PERM, certification allowing them to hire immigrants.

Employers must also be sure to comply with all I-9 regulations. This includes requiring their immigrant employees to provide valid employment authorization documents (EADs) and to verify their authorization before allowing them to work. This includes re-verification upon expiration of an EAD to ensure that the worker renewed their authorization in a timely manner and may still legally work in the United States.

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As an employer, it is vital that you follow all state and federal laws regarding your employees in order to avoid legal complications and consequences. Violation of any of the laws listed above could result in civil penalties that may irreversibly damage your company's profitability.