In Florida, federal laws are enforced when employers hire nonresident immigrants. Under federal laws, the prospective employers must complete the appropriate forms for the workers as outlined by the U.S. Department of Labor and USCIS. Any violation of the regulations could lead to criminal charges and lawsuits. An Orlando business immigration lawyer at Colombo Hurd Law could provide answers about the regulations and forms that are required for all employers.
Form I-9 and Why It’s Necessary
The form provides verification of the employee’s identity. In terms of immigration, the form shows that the nonresident immigrant has the right to work in the United States. Documents are saved with the form to verify the immigrant and their right to perform services for the employer. The federal government can audit the forms and file criminal charges against employers who fail to comply with federal laws related to verification requirements.
H-1B Visa and Compliance
H-1B is required under the Immigration and Naturalization Act, Section 101(a)(15)(H). The visas give American companies the right to hire nonresident immigrants to perform specialty jobs. The occupations are available in industries that include but are not limited to engineering, IT, medicine, and finance.
According to the requirements for the visa, the immigrant must hold at least a bachelors degree and show expertise in the field. The visas are available for these professional level immigrants for up to a maximum of six years. However, most visas are approved for three years.
To remain compliant with the visa requirements, the employer must provide the worker with the H-1B certificate and the Labor Condition Application when the worker starts the job. The workers must receive the wages offered for the position without any unauthorized and/or illegal deductions.
Salaried workers must receive prorated installments that any other employee would receive in the same position. The employer must also provide a safe workplace for the workers and provide access to medical benefit packages. To learn more about H-1B certificates, visit www.Colombohurdlaw.com now.
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What is the I-140?
The form is used by employers to request naturalization for a non-resident immigrant that is employed by the company. The employer must provide documentation for the immigrant that shows that the individual has the legal right to work in the country. The company will pay a $700 filing fee for the petition. Attorneys at Colombo Hurd Law can help you with the petition.
What is Form ETA 9089?
The application is used by employers who wish to hire nonresident immigrants. The form is a request submitted to the U.S. Department of Labor to determine a fair wage for the worker. The occupation must show that no qualified American workers wish to fill the position. It is also used to present a request to the federal government to receive permission to offer the job to immigrants due to a lack of qualified resident workers. After the application is approved, the employer can complete an I-140 for the workers.
H-2A For Seasonal Workers
The H-2A form is filed to request seasonal agricultural workers. The employer must wait for the USCIS to provide a certificate approving their request before hiring workers. Next, a 1-129 is filed by the employer. Workers must apply for an H-2A visa to enter the U.S. to perform the jobs. All workers who are approved for the visas must enter the country through the U.S. Customs and Border Protection port of entry identified in their documentation.
In Florida, local businesses must follow federal laws when hiring non-resident immigrants for specialty professions or agricultural jobs. The employers are required to follow regulations by completing a collection of forms to receive approval for a visa that gives the workers the right to work in the United States. Employers who are facing legal action or need further answers about hiring nonresident workers can contact an Orlando business immigration lawyer at Colombo Hurd Law now.