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Background
check of Immigration Status and Citizenship |
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Verification of Federal I-9 form requirements for USA employers |
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This report can help you verify the
Immigration, Citizenship, Greencard or Permanent resident
status, various employment Visas such as H1B, H1B1, H2A, L2 and
student visas such as F1, J1 status of individuals in the USA.
For new hires all U.S. employers have to fill out federal I-9
forms that document applicants' Social Security numbers and
permits to work in the U.S. These documents must be saved for at
least three years. Ignoring these steps or knowingly hiring an
illegal worker can have a penalty as high as $10,000 and six
months in prison. Even accidental errors in filling out or
filing I-9 forms can cost the employer $110 to $1,100 for each
affected employee. Immigration verifications are deduced from
publicly available resources and can also be run for UK, Australia
and Canada.
In the United States of America The Immigration Reform and
Control Act (IRCA) of 1986 was signed into law by President
Reagan and it requires that employers may hire only persons who
may legally work in the U.S., i.e., citizens and nationals of
the U.S. and aliens authorized to work in the U.S. The employer
must verify the identity and employment eligibility of anyone to
be hired, which includes completing the Employment Eligibility
Verification Form (I-9). Employers must keep each I-9 on file
for at least three years, or one year after employment ends,
whichever is longer. Employers who fail to properly complete,
retain, and present for inspection the form I-9 as required by
law may face civil fines of not less than $100 and not more than
$1,000 for each employee for whom the form was not completed or
retained. Employers found to have required a bond or indemnity
from an individual against liability under the new law may be
fined $1,000. Employers determined to have knowingly hired
unauthorized workers may be fined as follows: • First Violation.
Not less than $250 and not more than $2,000 for each
unauthorized worker. • Second Violation. Not less than $2,000
and not more than $5,000 for each unauthorized worker. •
Subsequent Violations. Not less than $3,000 and not more than
$10,000 for each unauthorized worker. Engaging in a pattern or
practice of knowingly hiring, recruiting, or referring
unauthorized workers for a fee could subject employers to
additional fines of up to $3,000 per worker and/or 6 months
imprisonment. Criminal sanctions will be reserved for serious or
repeated violations. There are many states and local
jurisdictions in the USA that mandate verification of
immigration status before hiring any individual. |
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The H-1B program applies to employers seeking to hire
nonimmigrant aliens as workers in specialty occupations or as
fashion models of distinguished merit and ability, using the
H-1B nonimmigrant visa classification. The H-1B1 program applies
to employers seeking to hire nonimmigrant aliens from Chile and
Singapore as workers in specialty occupations.
The Immigration and Nationality Act (INA) allows employment
of alien workers in certain specialty occupations (generally
those requiring a bachelor's degree or its equivalent). Alien
workers such as engineers, teachers, computer programmers,
medical doctors, and physical therapists may be employed under
the H-1B visa classification, as may fashion models of
distinguished merit and ability. The INA sets forth certain
prerequisites for employers wishing to employ H-1B and H-1B1
nonimmigrant workers. To obtain H-1B or H-1B1 status approval,
the employer must first file a Labor Condition Application (LCA),
Form ETA 9035 or Form ETA 9035E, with the Department of Labor.
The employer must state that it will: Pay the nonimmigrant
workers at least the local prevailing wage or the employer's
actual wage, whichever is higher; pay for non-productive time in
certain circumstances; and offer benefits on the same basis as
for U.S. workers; Provide working conditions for H-1B or H-1B1
workers that will not adversely affect the working conditions of
workers similarly employed; Not employ an H-1B or H-1B1 worker
at a location where a strike or lockout in the occupational
classification is occurring, and notify the Employment and
Training Administration (ETA) of any future strike or lockout;
and On or within 30 days before the date the LCA is filed with
ETA, provide notice of the employer's intent to hire H-1B or
H-1B1 workers. The employer must provide this notice to the
bargaining representative of workers in the occupation in which
the H-1B or H-1B1 worker will be employed. If there is no
bargaining representative, the employer must post such notices
in conspicuous locations at the intended place(s) of employment,
or provide them electronically.
Employers may not import a foreign worker under an H-2A visa
unless they have applied to the Employment and Training
Administration (ETA) for certification that: (1) there are not
sufficient workers who are able, willing, qualified, and
available to perform the work; and (2) the employment of foreign
workers will not adversely affect the wages and working
conditions of similarly employed workers in the United States.
To receive a timely determination, an employer must apply for a
temporary labor certification at least 45 days before the date
of need. The employer should file the application with both the
appropriate ETA office and the office of the State Workforce
Agency (SWA) serving the geographic areas where the foreign
workers will be employed.
The regulations of the U.S. Citizenship and Immigration
Service (USCIS), 8 CFR Part 214.2(h)(6), apply to employers who
wish to import temporary nonagricultural workers classified
under Section 101(a)(15)(H)(ii)(b) to work in temporary jobs in
the United States. Section 214(c)(1) of the Immigration and
Nationality Act (INA) requires the Department of Homeland
Security (DHS) to consult with the Department of Labor before
determining whether any worker can be admitted under Section
101(a)(15)(H)(ii)(b). Section 214(g)(1) of the INA provides that
the number of aliens during any fiscal year who can be issued
visas or provided nonimmigrant status under Section 101(a)(15)(H)(ii)(b)
cannot exceed 66,000. “Returning workers” who counted toward the
H-2B cap in prior years are excluded from the cap from October
1, 2004 through September 30, 2006. USCIS regulations require
that employers who file H-2B petitions with the USCIS (except
for temporary employment on Guam) must include a certification
from the Department of Labor stating that qualified workers are
not available in the U.S. and that the foreign worker’s
employment will not adversely affect wages and working
conditions of similarly employed U.S. workers. If the Department
of Labor notified the employer that certification cannot be
made, the employer may submit countervailing evidence to USCIS.
To obtain certification, employers must file applications for
certification of temporary nonagricultural jobs on Part A of an
Application for Alien Employment Certification, Form ETA 750,
with the State Workforce Agency (SWA) serving the geographic
area where the alien will work. To receive a timely
determination, the employer should apply at least 60 but no more
than 120 days before the workers are needed. The employment for
which certification is requested must be for less than one year,
and the need for the service or labor shall be a one-time
occurrence, seasonal need, peak load need, or intermittent need.
General Administrative Letter No. I-95, dated November 10, 1994,
(amended by General Administrative Letter No. I-97 Change 1,
dated December 22, 1997) states the requirements for obtaining
temporary nonagricultural labor certifications. |
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