For the Immigrant Visa Lawyer Berks County PA, these tips might seem a little too obvious. But for the employer, these are important steps that they must follow when hiring;
The magic questions
Every employer should ask their employees the magic immigration questions;
- Are they authorized to work in the US
- Do they now or will they in the future need sponsorship for authorization for US employment?
The answers to these questions will help the employer navigate the initial stages properly without engaging in any discrimination or unlawful work practices.
Every employer in the US must make sure they complete a form I-9 for all their employees. The employee must complete their section on or before the first day of work and the employer must review their immigration documents and complete the employer section on or before the third day of work. Employers are not expected to be document experts, but they must review the documents provided to them and make sure they are reasonably genuine. It is at this section that the services of a lawyer might come in handy.
The law is very clear; it is unlawful in the US for employers to discriminate during the hiring process on the basis of citizenship or national origin. Employers should not ask questions in the interview process that are designed to elicit the citizenship or national origin of the applicant. During the signing of the form I-9, employers should be careful not to ask for specific documents as this can result in a discrimination claim. Further, employers should avoid over-documentation.
It is best practice to conduct thorough internal audits of the form I-9 files and make sure they are in order. Best practice recommends such audits happen every five years. Even though the department of homeland security prioritizes cases that have to do with national security and public safety nowadays, it is important to perform such audits even in those industries that do not necessarily have cases that fall under these categories like the restaurant industry, especially when one operates a large establishment. Ultimately, no industry is exempt from the law.