United States Labor Law for Foreigners
The United States Department of Labor is responsible for articulating and enforcing workplace lawas as they apply to all workers, including foreigners. If they receive the proper certification, foreigners may be able to legally work in the United States if it can be shown that there are not enough qualified and willing Americans to fill that position.
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Verification
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Employers in the United States who wish to hire foreign workers who are already residing in the U.S. must hire only legal employees, such as those who have green cards or work permits. At the time of hiring the worker is by law required to present valid identification and proof of his legal authorization to work in the United States. The employer is also legally required to verify those documents as a condition of employment.
Certification
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Businesses in the United States that wish to hire foreign workers that are residing outside the country must first apply for labor certification from the U.S. Department of Labor stating that there are not enough qualified and willing Americans available to do the job. Once certification has been granted, the business may search for workers. When the business has chosen an employee, it will then need to petition United States Citizenship and Immigration Services to provide a visa for that worker.
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Wages and Benefits
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United States labor law does not permit discrimination in wages and benefits on the basis of citizenship. Foreign workers are entitled to receive wages and benefits that are equal to those received by American workers in similar jobs.
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References
- Photo Credit worker image by Alexey Klementiev from Fotolia.com
