Employment law and immigration are two separate areas of law that can intersect in a variety of ways. Understanding the intersection of these two areas is important for employers, employees, and immigration attorneys. In this article, we will explore some of the ways that employment law and immigration intersect.
One of the most common intersections between employment law and immigration is in the hiring process. Employers are required to verify the employment eligibility of all their employees, regardless of whether they are U.S. citizens or foreign nationals. This is done by completing Form I-9, which requires employees to provide proof of their identity and employment eligibility. Employers must also comply with anti-discrimination laws, which prohibit discrimination against employees based on their national origin or citizenship status.
2. Visas and Work Permits
Foreign nationals who wish to work in the United States must obtain the appropriate visa or work permit. Employers who wish to hire foreign nationals must also comply with the visa and work permit requirements. For example, employers may need to obtain an H-1B visa for highly skilled workers or an L-1 visa for intra-company transfers. Employers must also comply with the labor certification process, which requires them to demonstrate that there are no qualified U.S. workers available for the position.
3. Discrimination and Retaliation
Employers must comply with anti-discrimination and anti-retaliation laws, which prohibit discrimination and retaliation against employees based on their national origin or citizenship status. This includes discrimination in hiring, promotion, and termination decisions. Employers must also provide reasonable accommodations to employees who have a disability or religious beliefs that may affect their job duties.
4. Immigration Enforcement
Employers must also comply with immigration enforcement laws, such as E-Verify and the Immigration Reform and Control Act (IRCA). E-Verify is an online system that allows employers to verify the employment eligibility of their employees. IRCA requires employers to verify the employment eligibility of their employees and to maintain certain records related to their hiring practices.
Employers must also comply with employment laws when terminating employees, including foreign nationals. Employers must provide notice to terminated employees, pay final wages, and comply with any applicable severance pay requirements. Employers must also comply with any employment contracts or collective bargaining agreements that may be in place.
The intersection of employment law and immigration can be complex and confusing. Employers, employees, and immigration attorneys must be aware of the various laws and regulations that apply in these areas. By understanding the intersection of these two areas, employers can avoid legal problems and ensure that they are in compliance with all applicable laws and regulations.