Hiring international workers in the US can be a hassle, but that’s why we can help. In this article, we will discuss employment laws for international applications in the US. It would help if you understood the laws behind hiring international workers after this.
Employment laws for international applications in the US
First and foremost, international applicants must seek permission from the Department of Labor to work. After the Department of Labor grants the applicant permission, the employer must petition the U.S. Citizen and Immigration Services to grant the applicant a visa. Keep in mind that even if the Department of Labor approves of the foreign worker, the visa is not guaranteed.
The applicant must also ensure that the Foreign Labor Certification assures they are admissible to the US as a worker. The Foreign Labor Certification programs are designed to make sure foreign employees will not affect US workers’ opportunities, conditions, and wages.
Some of the forms the international applicants may have to fill out are:
- Application for H-1B Nonimmigrants (Form ETA-9035)
- Application for Alien Employment Certification (Form ETA-750A)
- Application for Alien Employment Certification (Form ETA-750B)
- Application for Alien Employment Certification for Agricultural services (Form ETA-790)
After this, the employee will require their visa if they’re not in the US already.
Should the applicant get hired, they have to apply for a Social Security Card from the Social Security Administration. The employer will receive the social security card as well, as a way of keeping records.
Staying on Top of Taxes
Foreign workers are subject to the same payroll taxes like US workers are. There is no difference when it comes to the taxes they pay.
The employer has several obligations to follow once the international applicant has been hired. These applications can be found under the Immigration Reform and Control Act of 1986 and the Immigration and Nationality Act’s anti-discrimination provision. These laws were established to ensure the employee receives fair treatment and employment.
The laws on the temporary employment of international applicants in the US can be found in 20 CFR 655. It is also known as “Temporary Employment of Aliens in the United States.” This law contains all the necessary factors and processes an international applicant and US employer must follow.
20 CFR 656 contains the processes of permanent employment of foreign workers. It is also known as the “Labor Certification Process for Permanent Employment of Aliens in the United States.” In this law, you can find the details on determining if an international applicant is eligible for permanent work in the US.
In short, the international applicant must be approved by the Department of Labor and U.S. Citizen and Immigration Services. If required, they must wait at least months to be approved for a work visa. It would help if you considered how you would bring them into the country while abiding by US law.
Are You Looking to Hire International Talent?
Now that you know about the employment laws for international applications in the US, you can breathe a sigh of relief. The process is not too hard, but it can take a long time for granted approval. As long as your employee follows the law, there should be no issues.