The Immigration and Nationality Act (INA) sets forth the conditions for the temporary and permanent employment of aliens in the United States and includes provisions that address employment eligibility and employment verification. These provisions apply to all employers.
COMPLIANCE ASSISTANCE MATERIALS
- Employment Law Guide: Authorized Workers – Describes what employers must do to verify the identity and employment eligibility of anyone to be hired, and the protections afforded to employees from discrimination in hiring or discharge on the basis of national origin and citizenship status.
- Employment Law Guide: Crewmembers (D-1 Visas) – Describes the requirements of vessels/employers seeking to employ their nonimmigrant aliens as crewmembers to perform longshore work in U.S. ports under D-1 visas.
- Employment Law Guide: Workers in Professional and Specialty Occupations (H-1B Visas) – Describes the requirements on the part of employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models using the H-1B and H-1B1 nonimmigrant visa classification.
- Employment Law Guide: Temporary Agricultural Workers (H-2A Visas) – Describes the procedures for obtaining a labor certification and the contractual obligations of employers seeking to hire temporary agricultural workers under H-2A visas.
- Employment Law Guide: Temporary Nonagricultural Workers (H-2B Visas) – Describes the requirements on the part of employers seeking to obtain temporary nonagricultural labor certifications in order to import temporary nonagricultural workers to work in temporary jobs in the U.S. under H-2B visas.
- Employment Law Guide: Permanent Employment of Workers Based on Immigration – Describes the requirements on the part of employers seeking to hire foreign workers immigrating to the U.S. for the purpose of employment, including the application process for employers to obtain a permanent alien employment certification.
- Publication of Final H-1B (Professional and Specialty Occupation Visas) Regulations
- Changes made by the H-1B Visa Reform Act of 2004
- H-2A (Temporary Agricultural Worker Visas)
- Application of U.S. Labor Laws to Immigrant Workers (In Korean – PDF) (En Español)
- Fair Labor Standards Act Application to Foreign Commercial Vehicle Operators (En Español)
APPLICABLE LAWS AND REGULATIONS
RELATED TOPICS AND LINKS
*Pursuant to the U.S. Department of Labor’s Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.