Question:
As an employer what are the correct steps in hiring illegal immigrants that are in the US.
anonymous
2008-08-07 14:42:15 UTC
A friend of mine owns a Tree farm and has illegal immigrants asking for work all the time. But he wants to take the proper steps to hire them legally. He wants to give them a job but wants to do it the right way. What are the steps in getting them to work for him legally?
Nineteen answers:
Julie S
2008-08-07 16:35:21 UTC
The employer cannot continue to employ workers who are illegally inside the US.



In the future, the employer can file for H-2B visas. Petitions should be filed no more than six months before the proposed employment will begin. However, they should be submitted at least 45 days before the employment will begin, because the petition processing and visa issuance may not be completed before work is to begin.



The employer must a prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers.



The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.



In order to be considered as a nonimmigrant under the above classifications, the prospective employer must file Form I-129, Petition for Nonimmigrant Worker, with the United States Bureau of Citizenship and Immigration Services (USCIS). Once approved, the employer is sent a notice of approval, Form I-797.



It's a start anyway at doing the right thing.
George L
2008-08-07 16:06:13 UTC
Well, to the best of my knowlege, there isn't anyway to hire someone who came here illegally and have them change to some legal status. The same would be true if they had entered the US legally but had lost status for one reason or another. The only way he would be able to hire them legally would be to file the proper employment petition for them and have them go home to apply for a visa there. The primary problem with this is that if they have been here for more than 6 months illegally, they would be ineligible for a visa. Plus, it's hard to know what employment petition they might be eligible for. About the only thing I can think of is H2b but that is for seasonal or temporary employment. If your friend is truely interested in pursuing this he should consult an immigration attorney to see if there is any possibility of doing this, or perhaps hiring people who are still in Mexico or other countries.
Starry Eyed
2008-08-07 14:50:34 UTC
It is ILLEGAL to hire anyone who does not have the proper work permits. Your friend doesn't have to do anything, the immigrants need to have the proper paperwork before they can be hired legally. If your friend hires illegals, there is a hefty fine (around 10 grand) and a chance his business could be shut down.
ibu guru
2008-08-07 15:20:23 UTC
It is impossible to legalize a person who has already violated immigration laws. The employer is subject to a fine of $10,000 per illegal alien employed. And the illegal aliens are deported.



There are short-term agricultural visas which enable employers to bring people here for up to six months to do various types of farm work, etc.
Karen V
2008-08-07 15:08:43 UTC
There is not way to hire someone illegal. I have nothing against immigrants but is just impossible. The best thing to do is to get a job under the table where they can get pay cash, that's the only solution I can think of and is sad because immigrants are the harderst workers in America.
anonymous
2008-08-07 19:48:35 UTC
Just explain to your friend that hiring an illegal alien is considered aiding, abetting and/or harboring an illegal alien punishable by 5 years federal prison and $250,000 fine. There are also additional fines specifically for hiring a criminal invader.
anonymous
2008-08-07 15:44:13 UTC
They are ILLEGAL.... there are no proper steps in hiring an illegal criminal alien invader.



Your friend is leaving himself up to jail time and loss of his business if he continues this practice. It is only a matter of time before he is reported and then the poop will really hit the fan.



Jail time and the loss of his business would only be the start of it.
Little Red Hen 2.0
2008-08-07 14:45:30 UTC
Your friend is anti-American for hiring illegals.



They need to leave an come back legally before they are allowed to have jobs. Maybe he should go with them if he wants to employ them.
davidmi711
2008-08-07 14:44:59 UTC
There is no legal way to hire a person that does not have authorization to work in the US.
Jeannie Out of the Bottle
2008-08-07 14:52:13 UTC
Tell his employees to go home, apply for legal entry and after they do and get a green card, then he can rehire them. Oh, but with a green card, they won't want to work for him.

Or he could do like my family on our farms. Hire Americans and pay decent wages.
anonymous
2008-08-07 15:25:17 UTC
It's un-american because the country is made up of citizens with a few immigrants, not illegals, and hiring illegal invaders is about as un-american as you can get.
pianojangee
2008-08-07 15:03:12 UTC
There is no proper or legal way hiring illegal or undocumented aliens.
rickv8356
2008-08-07 14:53:52 UTC
if the work is of a seasonal nature then he can sponsor immigrants with an H2B visas, but not someone that is illegal in the u.s.
levatt
2016-12-11 10:46:38 UTC
because of fact the U. S. government has made it merely approximately impossible for a corporation to verify if a worker is against the regulation or not. Illegals can purchase a drivers license and SS card for as low as $4 hundred agencies that look into the backgrounds of workers to plenty, will acquire a letter from the justice branch telling them to end thier strikes. case in point. A faorty in Conn, did background investigations on all new workers to aim and verify in the event that they have been legal or illegals. the U. S. Justice branch advised them to end or be taken to court docket. So the employer stopped the investigations and relyed on merely documenmtation ( drivers lic and SS enjoying cards ) Then 5 months later, the INS raided to employer, because of fact unlawful immigrants have been working there, applying thos pretend records Then the U. S. Justice branch filed extra healthful against the employer for hiring illegals and not doing adequate to maintain them out. thankfully a federal decide, whilst shown the previous communications from the Justice branch threatening the employer for the background investigations, Threw the recent Justice branch case out.
J Marie
2008-08-07 14:45:58 UTC
They legally cant work..

B/c they are not authorized to be here or work here.

He can do it under the table.. but if he gets caught be prepared to face punishment..
anonymous
2008-08-07 15:07:30 UTC
First, how do you or your friend know that they are illegally here? It is illegal to hire illegal immigrants, but maybe you should start off with an interview and go from there. You'd be surprised that the people that are stereo typed to be illegals, really aren't.
vlee1415
2008-08-07 14:47:34 UTC
They need to have work visa. For professionals, these are the H-1 visas, but there's no such visas for regular jobs.
anonymous
2008-08-07 15:12:29 UTC
The government wont really punish you for hiring them i seen loads of immigrants working with fake Permanent Residents Cards and fake SSN and all they do apply for an Itin when taxes come so i dont think their is a big punishment for that they will just make you fire them when they find out but i am no advising you to hire them ....i dont think its UNAMERICAN BECAUSE THIS COUNTRY WAS MADE BY IMMIGRANTS WHO CAME AND WORKED HARD TO HAVE THEIR KIDS BORN HERE WHY DO YOU THINK THEIR IS A LOT OF CULTURES AND RACES IN THIS COUNTRY
NYC Sewers
2008-08-07 14:44:43 UTC
Just say "No."



Don't do the crime if you

can't do the time.


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