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The Rights of Foreign-Born Workers in the U.S.

Foreign nationals are often attracted to working in the U.S. because many industries are ripe with prospective jobs. The U.S. government places this implicit guideline for U.S.-based businesses to enforce the immigration laws that the country provides. Employers are encouraged to check and double-check their prospective employees’ paperwork to make sure that their status is legal.

The business owner may wish to petition that employee for a green card, though this will depend on the circumstances of this will depend entirely on the type of the job, the requirements of that job, and the how much effort the employer is willing to put forth. It will be up to the employer to decide whether or not they wish to sponsor the foreign worker. At the very least, the green card may only be available if the employer intends to extend an offer of a full-time, permanent position.

This decision comes with many pros and cons to weigh. The government encourages most U.S.-based businesses to exhaust all possible qualified U.S. citizens candidates before turning to a foreign national. This is a contentious matter, as many officials will want to lean more on the side of supplementing the U.S. workforce with citizens and permanent residents, to protect the conditions in which we work, our wages, as well as to preserve their legal rights.

Another option would be to for the worker to obtain a nonimmigrant visa. These are available across a broad range of industries. For example, the O-1 Visa is available to scientists, academics, businessmen, and artists who possess much-needed skills. Again, the employer has the burden of proving that they were unable to find any qualified U.S. citizens or permanent residents for the position before turning to a foreign national.

As always, if you have any questions about your work authorization as a worker or you are a business owner looking to help a candidate on the path towards lawful work authorization in the U.S., please give us a call. We are seasoned Cleveland immigration attorneys at Sintsirmas & Mueller Co. L.P.A. and we are committed to helping you achieve the American Dream.

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