U.S. Citizenship and Immigration Services (USCIS) provides additional guidance regarding the Employ American Workers Act (EAWA) to employers seeking to file H-1B petitions.
Employers and HR
Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.
Continued payments are required by law for H-1 holder, unless they come under some very limited exceptions for leave for employee's personal reasons. Not paying, exposes the employer to investigation and penalties and may place the employee out of status.
In the green card context, non-payment can lead to problems with demonstrating ability to pay wages.
For both H-1 and GC, nonpayment can lead to an assumption that no genuine job exists. That could lead to cancellation of one or both processes, except for situations where AC21 portability is involved.
Immigration Law In The Workplace
Rajiv S. Khanna
(Published in The Practical Lawyer, Dec. 2009
A publication of American Law Institute-American Bar Association)
BEFORE YOUR COMPANY ENROLLS IN E-VERIFY
|Use program to verify employment eligibility of new hires||Use program to verify current employees|
Use program for all new hires regardless of national origin or citizenship status
This Handbook for employers gives instructions for completing Form I-9 . It also includes one copy of Form I-9.
U.S. employers are required by law to verify the employment authorization of all workers they hire on or after November 6, 986, for employment in the U.S. employers are required by law to verify the employment authorization of all workers they hire on or after November 6, 986, for employment in the United States, regardless of the workers’ immigration status.
Formerly referred to as the Basic Pilot Program, E-Verify is an Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security (DHS), in partnership with the Social Security Administration (SSA). E-Verify is currently free to employers. E-Verify provides an automated link to Federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers.
Why should I consider participating in E-Verify?