These are some key points employers should know that are explained on this page:

• Employers must always ensure that all their employees are authorized to work in the U.S.
• Employers may need to petition for labor certification on an immigrant employee’s behalf if they intend to hire a person who is not currently in the U.S. and is not a U.S. citizen.
• Employers may not discriminate based on nationality or citizenship, including in the hiring process.

These are some key points employees should know that are explained on this page:

• A visa is required to visit or relocate to the U.S.
• U.S. citizenship is not required to work in the U.S. 
• All persons must be authorized to work in the U.S. before an employer may legally hire them.
• There are five types of employment-based visas, and each encompasses different workers.
• Some employment-based visas require an employer to obtain a labor certification on their employee’s behalf.
• Immigrants may travel to the U.S. for either temporary or permanent work, though separate requirements apply.
• Employers may not discriminate based on nationality or citizenship, including in the hiring process.
• An Executive Order by the Trump Administration requires specific non-citizens to register with the federal government and provide fingerprints, with noncompliance potentially leading to deportation.

• The Constitution (14th Amendment): Protects all individuals within the U.S. from being deprived of life, liberty, or property without due process of law, regardless of legal status.
• Immigration and Nationality Act (INA): The primary body of law governing immigration, which includes provisions for legal status, family reunification, and employment authorization.
• Anti-Discrimination Laws (INA & DOJ): The INA prohibits employers from discriminating against authorized workers based on national origin or citizenship status.
• Victim Protections (VAWA, TVPA): The Violence Against Women Act (VAWA) and the Trafficking Victims Protection Act (TVPA) provide pathways to legal status for victims of domestic violence or human trafficking.
• Asylum & Refuge Laws: The INA provides mechanisms for individuals to seek asylum or humanitarian protection.
• Privacy Protections (HIPAA): Generally prevents health care providers from disclosing personal information to immigration authorities without a warrant, allowing for medical care regardless of status. 

The Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS), Department of Justice (DOJ), Customs and Border Protection (CBP), and the U.S. Department of Labor (DOL) are a few of the most relevant authorities. 

• Eligibility: Immediate family (spouse and unmarried children under 21) of the principal visa holder.
• Application Process: If outside the U.S., they apply at a U.S. consulate. If already in the U.S., they may file Form I-539, Application to Extend/Change Nonimmigrant Status.
• Employment: Most dependent visa holders (e.g., H-4, O-3) cannot work in the U.S.. However, L-2 spouses are authorized to work incident to status. Certain H-4 spouses may apply for work authorization (EAD).
• Duration: Dependents generally receive the same length of stay as the principal worker.
• Requirements: They must pass background checks and medical reviews.

• Federal Child Labor Laws (FLSA): Limits, or in some cases prohibits, 14- and 15-year-olds from working in hazardous conditions, such as manufacturing, meat processing, or operating power-driven machinery.
• TVPRA (Trafficking Victims Protection Reauthorization Act): Requires the Department of Health and Human Services (DHHS) to provide legal counsel to unaccompanied minors to protect them from trafficking and exploitation.
• MSPA (Migrant and Seasonal Agricultural Worker Protection Act): Protects agricultural workers by setting standards for wages, housing, and transportation.
• State-Level Protections: Most states require work permits for minors, which include proof of age, parental permission, and sometimes school authorization.
• Interagency Task Force: The Department of Labor (DOL) and HHS have established a joint task force to enhance information sharing and address exploitation. 

• Temporary Work Visas: Categories like H-1B (specialty occupations), L-1 (intracompany transfers), and TN (NAFTA professionals) require an employer to sponsor you.
• Work Permit (EAD): Nonimmigrant visa holders (such as spouses or students) may need to apply for an Employment Authorization Document (EAD, Form I-766) to legally work.
• Green Cards: Permanent workers can live and work permanently if they meet specific skills, education, or employment requirements. 

• No Authorization, No Work: You cannot legally start working while your work authorization application (Form I-765) is pending, except in specific, limited circumstances.
• Visa Waiver Program (VWP): While citizens of some countries can enter for business for 90 days or less without a visa, this does not authorize you to take up employment.
• Student Visas: F-1 students generally cannot work off-campus without specific authorization, such as OPT or severe economic hardship approval. 

• Approved Petition: The employer must file a petition, such as the I-129 for temporary workers or I-140 for permanent workers in the US, with immigration services.
• Documentation of Qualifications: Evidence of education, degrees, training, or specialized work experience that matches the job requirements.
• Valid Passport & Photos: A passport valid for at least six months beyond the intended stay and compliant photographs (e.g., 2×2 inches).
• Labor Certification: For many employment-based visas, the employer must prove that no qualified local workers are available for the position.
• Visa Interview & Forms: Completion of nonimmigrant (DS-160) or immigrant visa applications and attendance at an embassy interview. 

the U.S. Department of State website for more information.

• Purpose: Protects the U.S. labor market by ensuring foreign workers do not displace qualified U.S. workers.
• Responsibility: The U.S. employer, not the foreign worker, must initiate and pay for the process.
• Process: Employers must test the local labor market through recruitment (e.g., job orders, newspaper ads) and obtain a prevailing wage determination from the DOL.
• Outcome: Once approved (Form ETA 9089), the employer can file an immigrant petition (Form I-140) with U.S. Citizenship and Immigration Services (USCIS). 

• Employment-Based Green Cards: Required for EB-2 (Advanced Degree/Exceptional Ability) and EB-3 (Skilled/Professional/Other Workers) preference categories.
• Permanent Positions: Necessary when a U.S. employer wants to hire a foreign national to work permanently in the United States.
• It is not typically required for EB-1 (extraordinary ability, outstanding researchers) or EB-4 (special immigrants) categories. 

See the U.S. Department of Labor website for more information.

Employers are required to verify that their employees are authorized to work in the U.S. Examples of documents an employee may have that can verify eligibility include a Green Card, certain visas, and / or an Employment Authorization Document (EAD). An employer may need to obtain labor certification on their employee’s behalf. Both employers and employees both must file an I-9 Form for employment eligibility verification. 

An Employment Authorization Document (EAD) proves that a foreigner may legally work in the U.S. for a set time period. To apply for an EAD, prospective employees must file a Form I-765. An EAD is required for any prospective foreign worker who needs to apply for permission to work, such as students with an F-1 or M-1 visa. Green Card holders and certain visa holders do not need an EAD.

A Green Card is a Permanent Resident Card. Immigrants to the U.S. may apply for and receive a Green Card, which allows them to permanently live and work in the U.S.

Applying for a Green Card can be a complicated and lengthy process. Applicants can approach it in multiple ways. All applicants must fit within an eligibility category, as explained below. The USCIS imposes different requirements on different applicants, so it is best to consult with a lawyer for help in applying for a Green Card. The USCIS shares more information about the Green Card application process.

Green Card applicants must fit into an eligibility category. See the U.S. Citizenship and Immigration website for more information.

To hire Green Card holders, employers must verify that the prospective employee is authorized to work in the U.S. More information about the verification process is available here. 

Students who wish to study and work in the US will generally need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas. See the US Immigration Services website for more information on these visas.

“Undocumented worker” refers to foreigners who traveled to the U.S. – including legitimately – who do not legally have permission to work in the United States. This could be for a variety of reasons. For example, their work authorization may have expired. 

• Legal Duty: The Immigration Reform and Control Act (IRCA) prohibits hiring or continuing to employ individuals who are not authorized to work.
• Anti-Discrimination Laws: While not hiring an unauthorized worker is legal, employers cannot use this as a pretext to discriminate against individuals based on their citizenship status or national origin. They must treat all applicants and employees the same when verifying authorization (e.g., I-9 forms).
• Retaliation Prohibited: An employer cannot use an employee’s lack of authorization to retaliate against them for filing a complaint about working conditions or wages.
• Documentation: Employers must not ask for more or different documents than required during the verification process.

• Protection Scope: Employers (generally with 15+ employees for EEOC) cannot discriminate against, harass, or retaliate against undocumented workers.
• Types of Discrimination: Protections cover hiring, firing, and unfair document practices (e.g., asking for more documents than required).
• Remedies: While workers can file complaints, some remedies, such as back pay or reinstatement, may be limited if they conflict with immigration law.
• Retaliation: Employers cannot threaten to report workers to immigration authorities in retaliation for exercising their rights.

While protected from discrimination, hiring individuals known to be unauthorized to work remains illegal under the Immigration Reform and Control Act (IRCA). 

• NLRB (National Labor Relations Board): Provides guidance on rights to organize and report unfair labor practices, regardless of status, with Spanish-language materials.
• Department of Labor (DOL): MigrantWorker.gov offers information in multiple languages regarding wage, hour, and safety standards.
• EEOC (Equal Employment Opportunity Commission): Protects against workplace discrimination and retaliation.
• Department of Justice (DOJ): The Immigrant and Employee Rights Section (IER) handles immigration-related discrimination.
• Legal Services: ImmigrationLawHelp.org provides a directory of free or low-cost immigration legal service providers. 

• National Immigration Law Center (NILC): Offers resources on legal protections and worker rights.
• Immigrant Legal Resource Center (ILRC): Provides “Know Your Rights” materials and training on interacting with immigration authorities.
• National Employment Law Project (NELP): Focuses on defending and advancing the rights of immigrant workers. 

• Minimum wage and overtime pay (Fair Labor Standards Act).
• A safe workplace free from recognized hazards (OSHA).
• The right to form or join unions and act together for better wages/conditions (NLRA).
• Protection against discrimination based on race, national origin, or citizenship status. 

You can find more information and guidance in Appleseed’s Deportation Manual on issues you and your family may face in the event of detention or deportation, including child custody, finances, property, insurance, and more.