US employers have to verify that an foreign national whom they plan to employ or continue to employ in the US is authorized to accept employment in the US.
As an employer, you may need the services of a foreign national to work at your company or business. If the individual is already a lawful permanent resident (green card holder), you may hire that individual, but ensure that you comply with the employment verification requirements.
If the foreign national is not a permanent resident, you are required to file a petition so that the individual may obtain the appropriate immigrant or non immigrant classification. You can file an immigrant petition (permanent) or a non immigrant petition (temporary) on behalf of that employee.
Employees
No foreign national should accept employment in the US unless they have been authorized to do so. Some aliens who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related non immigrant classifications, may have employment authorization. Other aliens may need to apply individually for employment authorization in the US.
There are many ways in which a person may be able to work in the US. You may seek an immigration classification that permits you to live and work in the US permanently or temporarily. In most cases, your US employer or potential US employer must petition for you.
Rights of Employees
It is important that US employers treat employees in a non-discriminatory manner when recruiting, hiring, firing, and verifying their identity and authorization to work on Form I-9. Note that your employer should not demand that you show specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender or disability.
Apart from this, your US employer should not refuse to accept your document or refuse to hire you because of an unfounded suspicion that your document is fraudulent. The employer should not treat you differently than other applicants because you are a US citizen or non citizen.
In addition, your employer should not limit jobs to US citizens unless US citizenship is required by law or government contract. The employer should not demand a specific document when re-verifying that you are authorized to work. You may present any document to demonstrate that you are still authorized to work.
Your employer must allow you the choice of what documentation to provide. In other words, your employer cannot demand that you provide a US passport or your green card. Another important fact is that your employer should not retaliate against you for contacting the Office of Special Counsel for Immigration-Related Unfair Employment Practices, Civil Rights Division, or the Equal Opportunity Commission for assistance or to file a complaint.
The same holds good if you complain about discrimination or otherwise asserting your or another’s rights OR participate in an investigation or lawsuit on behalf of an alleged victim.
