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  • Ways to ensure your immigrant employees are legal

Ways to ensure your immigrant employees are legal

Frank Fisher 4 min read
2180

Are you considering hiring an immigrant worker, but concerned about whether they are legal? Have no fear! There are several ways you can ensure that your new employee is in the country legally.

First, you can check their documents. If they have a valid passport or another form of government-issued ID, that’s a good sign. You can also ask to see their work permit, if they have one.

Another way to tell if an immigrant worker is legal is to look at their Social Security number. If it starts with a 9, that means it’s been issued by the government specifically for non-citizens.

Finally, you can always contact an immigration lawyer to get expert advice on the best way to verify your new employee’s status. With these tips, you can rest assured that you’re hiring someone who is in the country legally and ready to contribute to your business!

Table of Contents

Toggle
  • Check their immigration status before hiring
  • Make sure they have the proper documentation
  • Do not rely on an ITIN number alone
  • Use E-Verify to confirm their status
  • Know the penalties for hiring an undocumented worker

Check their immigration status before hiring

You can check your employees’ immigration status by asking to see their:

-Passport

-Permanent Resident Card (Green Card)

-Employment Authorization Document (EAD)

If your employees don’t have one of these documents, you can use theEmployment Eligibility Verification Form I-9 to verify their status.

Make sure they have the proper documentation

There are a few different ways that you can ensure your employees are legal. The first is to make sure they have the proper documentation. If they do not have a green card or other legal status, they will not be able to work in the United States. You can also check with the Department of Labor to make sure they are not on the list of non-legal workers. Finally, you can run a background check to see if they have any previous convictions that would make them ineligible to work in the United States.

Do not rely on an ITIN number alone

The Internal Revenue Service (IRS) issues Individual Taxpayer Identification Numbers (ITINs) to help those who are not eligible for a Social Security number (SSN) pay their taxes. However, an ITIN is not an authorization to work in the United States. You cannot use an employee’s ITIN as evidence that he or she is authorized to work.

Use E-Verify to confirm their status

E-Verify is an electronic verification system that allows employers to confirm the status of their employees. Employers can use E-Verify to check the work eligibility of new hires, and current employees can use it to confirm their status.

E-Verify is a free online service that is available to employers in all 50 states. To use E-Verify, employers must create an account and then enter their new hire’s information into the system. Once the information is entered, E-Verify will return a result within seconds.

If an employee’s status comes back as “verified,” they are eligible to work in the United States. If an employee’s status comes back as “unverified,” they may be working in the United States illegally.

Employers who use E-Verify are required to reverify the employment eligibility of all current employees every three years.

Know the penalties for hiring an undocumented worker

Employers who knowingly hire undocumented workers are subject to civil and criminal penalties.

The Immigration Reform and Control Act (IRCA) imposes both civil and criminal penalties on employers who knowingly hire, recruit, or refer for a fee unauthorized aliens.

Civil penalties under IRCA are divided into two categories: paperwork violations and hiring, recruiting, or referring unauthorized aliens. Paperwork violations are subject to a fine of up to $2,000 per violation. Hiring, recruiting, or referring unauthorized aliens is subject to a fine of up to $3,000 per alien hired, recruited, or referred and/or imprisonment for up to six months. In addition, employers who engage in a pattern or practice of hiring, recruiting, or referring unauthorized aliens are subject to enhanced civil penalties of up to $5,000 per alien hired, recruited, or referred.

Criminal penalties under IRCA are also divided into two categories: harboring aliens and engaging in a pattern or practice of hiring unauthorized aliens. Harboring aliens is punishable by a fine of up to $5,000 and/or imprisonment for up to five years. Engaging in a pattern or practice of hiring unauthorized aliens is punishable by a fine of up to $3,000 per alien hired and/or imprisonment for up to six months. In addition, employers who engage in a pattern or practice of hiring unauthorized aliens are subject to enhanced criminal penalties of up to $5,000 per alien hired and/or imprisonment for up t one year.

Can i hire an illegal immigrant with an itin number

The answer to this question is complicated, and it depends on a number of factors. If you have any questions about whether or not you can legally hire an immigrant with an ITIN number, you should seek professional help.

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