Immigration & Nationality Act: The Definition of a U.S. Worker

U.S. construction worker

The immigration and Nationality Act (INA) defines a U.S. worker as anyone who is eligible for employment in the U.S. United States citizens, permanent residents and aliens with authorization to work are all considered U.S. workers. INA sets forth the condition for temporary and permanent immigrant workers and includes provisions that address employment eligibility and authorization for such workers. Foreign workers need some type of visa to come to the US to work.

Visa Classifications

A foreign passport with visa information

To come to the U.S. to work, certain types of visas need to be obtained. The common type of visa is H-1B visas--these are are issued to people in specialty occupations, such as teachers, engineers, computer programmers, medical doctors and physical therapists. Foreigners in specialty occupations require the H-1B visa, vessel crew members seeking employment require the D-1 visa and temporary agricultural workers need the H2-A visas.

Labor Certification

U.S. farm worker

Employers wishing to higher foreign workers should apply for a labor condition application (LCA) and state that they will pay the immigrant worker wages comparable to a U.S. citizen, offer good working conditions, not take advantage of a strike that is looming to hire foreign workers and show proof that no qualified U.S. citizen was found to take the job. This is achieved by advertising the job to U.S. citizens for about a month.

The number of visas issued to immigrants are subject to a cap. H-1B visas are capped at 65,000, and an additional 20,000 for foreigners graduating from U.S. schools.

Employment Authorization

U.S. professional workers

All workers in the U.S. need to prove their eligibility to work in the U.S. United States citizens need to show identification, such as their birth certificate, passport, voters card and Social Security card. Permanent residents need to show proof of their legal residence, such as a driver's license, Social Security card and green card.

Other workers need to show more proof of eligibility to work, such as a work permit, driver's license and Social Security card. Every employee who is not a United States citizen should apply for work authorization from United States Citizenship and Immigration Services (USCIS). The application form I-765, a $340.00 check (as of 2010) and the labor certification application should be mailed to USCIS. It is always advisable to use a lawyer when dealing with USCIS to avoid unnecessary delays.

Age restrictions

U.S. minor

U.S. minors between ages 14 and 17 can apply for a work permit from the Labor Department only when a job has been offered to them by an employer. Senior citizens can also work. The current retirement age is 65 years old, but seniors who wish to work after that period should be able to since it is not mandatory.

Benefits

U.S. doctor's office

Every good employer should offer their worker some form of benefits. Benefits usually vary. Some standard benefits that U.S. workers should be given, although not mandatory, are medical insurance, 401K and life insurance.

The U.S. worker has evolved after so many years. It is imperative that every employer verifies that each worker it has gone through the proper procedure for employment and each employee needs to ensure that he knows his worker rights.

References

• Cornell University Law School: U.S.Code
• United States Citizenship and Immigration Services: Employment authorization