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Classes of Aliens Who Can Be Employed

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What is an Alien?

Aliens are individuals living inside the United States who are not citizens.  They have not been naturalized under any United States' Law.  Aliens can be of all ages and genders, and they can be inside the United States for many reasons, including the search for employment

What Classes of Aliens Can Be Employed?

Determining what kind of alien can be employed is a very important consideration.  An employer who uses an illegal alien as a worker can face both criminal and civil punishment.  Most people think that only an alien with a Green Card or a temporary work visa can be employed, but other aliens can also be employed.  Generally, other aliens who can be employed without restrictions on location or type of employment can include:

  • Lawful permanent residents of the United States,
  • Aliens who come to the United States as part of a temporary resident agreement pursuant to the Immigration Reform and Control Act of 1986,
  • Aliens admitted to the United States as refugees (but only if they maintain that status),
  • Aliens paroled into the United States as a refugee,
  • Aliens granted asylum in the United States,
  • The parent or dependent of another alien who has been granted permanent residence in the United States,
  • An alien admitted to the United States as a citizen of the Federated States of Micronesia or the Marshal Islands,
  • An alien who has a valid marriage to a United States citizen, or
  • An alien with V immigration status, which cannot exceed two years.

Do I Need an Attorney for my Alien Class and Employment Issue?

Because employing an improper alien can have very adverse effects, and because it can sometimes be difficult to establish if an alien can be employed, it is strongly recommended that you contact an immigration attorney or employment attorney if you are hiring, or involved in employing aliens, or seeking employment as an alien.  Only an attorney can explain the relevant issues and help defend your rights.

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 05-03-2018 11:01 PM PDT

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