Immigrants are more likely than those born in the US to start businesses, and no matter who owns them, many small businesses rely on immigrant labor to succeed. The US has long been the “land of opportunity” for those leaving their home countries. At the same time, there’s increasing political pressure to limit immigration, and that’s reflected in our immigration laws.
What Are Immigration Laws?
Immigration laws control the movement of people from other countries to the US. They cover who can enter, how long they can stay, and what they can do while they’re here. Immigration laws also regulate immigrants’ legal status in the US, including whether they can work.
Should Small Business Owners Care About Immigration Laws?
If you’re an immigrant or you hire them, immigration laws should be a concern. These laws determine the visas necessary to work in the US legally, how long someone can stay, and the conditions they must meet to remain in the US legally. An employer failing to follow immigration law risks penalties, fines, and criminal prosecution. They may also lose immigrant employees if visas are not renewed or they can’t get the visas needed to work in the US.
What Are Common Visas Used By Small Business Employees And Owners?
There are many types of visas according to a business litigation lawyer. Here are some that enable people to work in the US.
- H-1B visas
H-1B visas allow employers to hire foreign workers to fill specialty occupations. These visas are used to fill highly skilled engineering, technology, and science positions. The number of H-1B visas is limited, and the competition to obtain one is fierce.
- TN visas
TN visas allow Canadian and Mexican citizens to work in the US. They’re available to those working in certain professions, including engineering, science, and accounting.
- E-2 visas
E-2 visas permit people from other countries to invest in and manage a US business. Small business owners use them to start a new business or buy an existing one. The individual must be a citizen of a qualifying country and make a substantial investment in the US business.
The visa applicant should consult with an immigration attorney to improve their chances of getting one.
Employment Authorization And Verification
There are different steps a small business must take to ensure their workforce is employed legally as our friends at Focus Law LA can share.
- Employment Authorization Documents (EADs)
The federal government issues EADs to foreign workers authorized to work in the US based on the applicable visa category. They state what work they’re authorized to perform in the US. Employers must verify their employees can legally work in the country and keep copies of EADs on file.
- I-9 Forms and Verification
Employers must complete an I-9 form for each worker to verify that employees can legally work in the US. Employers must review employees’ identification documents and attest they’re authorized to work in the US.
- The Consequences of Non-Compliance
Employers hiring unauthorized workers can be fined, pay penalties, and be criminally charged. Non-compliance can also lead to negative publicity, damage your reputation, result in legal costs, and cause a loss of business.
Companies employing immigrant workers should retain an immigration law attorney to help them comply with these laws and regulations and keep them up to date as they change.
If you are looking for help with employee immigration status, contact a lawyer near you for help.
