EMPLOYMENT ELIGIBILITY
The Immigration Reform and Control Act of 1986 (IRCA) prohibits employers from knowingly hiring, recruiting, referring, or continuing the employment of foreign nationals who are not authorized to work in the US. Employers violating the IRCA are subject to penalties, including fines, and jail time under certain circumstances.
U. S. citizens, U.S. nationals, and foreign nationals need to prove to their employers that they are eligible to work. They must present proof of employment eligibility and identity and complete an Employment Eligibility Verification form (Form I-9). Please note that U.S. citizens include individuals born in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands, and U.S. nationals include individuals born in American Samoa, including Swains Island.
An individual must complete Form I-9 once the individual is hired to perform labor or services in return for wages or other remuneration. Employers are required to verify the lawful employment status of each person hired by completing Form I-9, and checking specific documents identified by the USCIS.
TEMPORARY WORKERS
Employers who desire to hire foreign nationals to temporarily perform services or labor or to receive training may file a Form I-129, Petition for Nonimmigrant Worker. In order for an employer to petition for a foreign national as a temporary worker, then the employer must file Form I-129, and the various supporting documents and filing fee(s) with the U.S. Citizenship and Immigration Services (USCIS).
Generally, petitions are mailed to one of the USCIS Service Centers based on the place where the proposed employment or training will be conducted.
Upon approval of the petition, the USCIS will send the employer a Notice of Approval, Form I-797. If the foreign national, beneficiary, is outside of the U.S., then the foreign national must apply for a visa. The USCIS will send the approval notice to the consulate in the foreign national's country, and the foreign national must file a visa application with the consulate.
Please note that a visa is not required if the foreign national is already in the U.S.
List of Temporary Employment Visas:
PREMIUM PROCESSING
The USCIS Premium Processing Service provides U.S. businesses with the opportunity to obtain faster processing of a petition. Specifically, the USCIS provides 15-calendar day processing of a petition for the fee of $1,000.00.
Employers may request Premium Processing Service for the following categories: E-1, E-2, H-1B, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3 and Q-1, R, and TN.
In addition to the Premium Processing fee, all filing fees relating to the Form I-129 must also be submitted. The Premium Processing fee must be submitted in a separate check or money order.
