What Are Some Consequences of Hiring Undocumented Workers in Oregon?
In Oregon, the penalties for hiring illegal immigrants may vary depending on the facts and circumstances of the case. An employer charged with employing undocumented workers can face both civil and criminal liability.
If an employer has engaged in a pattern and practice of hiring these workers, they can be criminally fined a specific amount for each worker as well as face prison time. An employer may also face monetary civil fines for each worker as well as additional fines for subsequent offenses.
A company or business may also damage its reputation, lose profit, and lose the business’ operating license. If the employer had government contracts, those can also be lost and the employer can be barred from getting any future government contracts.
An employer needs to be very careful with their hiring practice by following all of the required employment eligibility verification procedures. It is also important to be careful when sponsoring a foreign national to work inside the United States.
An alien labor certification may require a worker to obtain a work permit visa. There are issues that can come up during this certification process, such as visa fraud and immigration fraud.
Both the employer and the worker need to follow the proper steps to get a work permit visa or green card. Both of these options have their own specific requirements and may be time consuming to complete.
Oregon lawyers can help both employers and workers ensure they are following the proper steps to obtain the necessary documents they need to work in the United States.
What Is Employment Eligibility Verification?
Employment eligibility verification is how an employer verifies that a potential foreign worker is eligible to work in the U.S. Pursuant to federal and state regulations, employers are prohibited from hiring unlawful aliens or foreign workers who are not eligible for employment in the United States.
Typically, confirming employment eligibility is done by asking a worker to provide official documents that support their work status. Additionally, the federal immigration department has implemented the immigration E-Verify system for employers that allows them to submit and check the worker’s data through an online computer system.
When an employer breaches employment eligibility verification regulations, it is a very serious offense, as the legal consequences can be severe. As noted above, consequences can include jail time, fines, and losing a business license.
Who Qualifies for an Employment Authorization Document in Oregon?
In Oregon, in order to request an Employment Authorization Document (EAD), an individual has to file a Form I-765, Application for Employment Authorization. To apply for an EAD, an individual must be authorized to work in the U.S. based on their immigration status. For example, if an individual is an asylee, refugee, or has Non-Immigrant Status, they will need to provide evidence of their employment authorization.
An individual may also be required to get an employment authorization for their job. This includes individuals who have a pending Form I-485 (Application to Register Permanent Residence or Adjust Status), a pending Form I-589 (Application for Asylum and Withholding of Removal), or a nonimmigrant status that authorizes them to be in the United States, but work authorization is needed from the USCIS.
If a student is seeking special employment or is engaged to be married to an American citizen, they will also need an employment authorization document.
In Oregon, What Does the Employment Eligibility Verification Process Involve?
Form I-9 is the main document that an employer has to provide to the government to verify an individual’s work eligibility. An employer is typically required to complete a Form I-9 within three days of hiring new workers.
A worker often has to provide additional employee documentation to support the information that is stated in the I-9 form. This can include a birth certificate, passport, and a social security number. These documents help confirm the worker has the right to work in the country.
An employer then submits the Form I-9 to the proper agency, whether employment or immigration. When an employer uses the E-Verify system, they are able to instantly check the information that is provided in the written copy of the I-9 against the electronic database online.
If the information on the paper copy does not match the data in the computer database, it can indicate that the worker has engaged in document fraud. Employment and immigration authorities have started enforcing employment eligibility verification more rigorously. The E-Verify system has made this process both faster and more efficient.
How Can a Business Owner Protect Against Liability in Oregon?
An Oregon business owner can protect themselves against liability by adhering to federal immigration laws. This can include using the E-Verify system to check a worker’s background and work authorization status in the electronic databases.
An employer is responsible for ensuring that all I-9 forms are completed and submitted correctly. Typically, if the employer makes a good faith effort to comply with immigration and hiring requirements, they will likely be covered from liability. If, on the other hand, an employer purposefully breaks any of these rules, they can be held liable.
For example, if an employer has intentionally hired undocumented workers and wants to avoid any penalties or sanctions from the government, they have to fix the issue right away by terminating those workers or helping them obtain an employer-sponsored green card.
In many situations, if a worker is already in the country illegally, it can be more difficult for them to get a green card unless they go back to their country or origin. An immigration lawyer can help evaluate an employer’s options to remedy any employment and immigration violations.
Employer’s Steps in Obtaining an Employment-Based Green Card in Oregon
If an Oregon employer wants to hire a non-United States citizen, they have to follow the proper steps and meet the federal prerequisites before hiring the non-US citizen employee. An employer must first file a labor certification with the United States Department of Labor (DOL).
This certification has to state that there are no U.S. workers available or willing to fill that open job position. An employer must show that there are no available U.S. workers by taking the following steps:
- Advertising for the open position
- Outlining the skill requirements for the position
- Verifying the wage or salary for the position
- Demonstrating the employer’s ability to pay that wage or salary
If the DOL approves an employer’s certification, they will need to file an immigrant petition for alien worker form, or Form I-40.
When Is an Employer Required to Use the E-Verify System?
Currently, an Oregon employer is not required to use the E-Verify system. However, for some employment positions, such as federal contractors and federal government workers, registration with the system is required.
Although it is not currently required in Oregon, it can be helpful for employers to become familiar with the system in case it does become mandatory in the future.
Do I Need a Lawyer for Help With Hiring Laws in Oregon?
If you have any type of issues, questions, or concerns related to hiring laws in Oregon, it is essential to consult with an Oregon immigration lawyer. The consequences that may come from immigration violations and hiring undocumented workers can be serious.
Your immigration lawyer can help you avoid the potential for damages that your business may incur. If you are a worker, your lawyer can help you make sure you are fulfilling all of your obligations under the applicable laws.
You can use LegalMatch today to quickly and easily find an immigration lawyer who can help you with your employment needs. You can choose location and language preferences to find an attorney who best fits your budget and your needs.
