USCIS (U.S. Citizenship and Immigration Services)

Get acquainted with the USCIS rules and regulations that impact your hiring practices

By Michele Vrouvas
The USCIS oversees federal laws regarding the employment of immigrants in the United States. Businesses have a legal duty to ensure that its employees have legal authorization to work in this country. As most of these laws apply to foreign-born individuals, American companies must take extra precautions to comply with the federal laws for every employee who was not born in the United States.

In order to assist American companies in fulfilling these federally mandated obligations, the USCIS Customer Service Center supplies information and assistance on an individual basis. This includes helping business owners locate which forms they must file with the USCIS for immigrant workers, determine what kind of training the workers require and even whether or not they must provide certain benefits. Contact any USCIS office to learn more about the following:

1. Learn which USCIS application forms American business owners must file so they can legally hire foreign workers.

2. Determine whether the US citizenship and immigration services qualifies you to hire workers with special skills.

3. Stay abreast of recent developments with the USCIS processing procedures.

 

Access USCIS guides and application forms when hiring foreigners

Err on the side of caution by confirming which application forms your business may need to hire foreigners, whether for short or long term projects.
Try: How Do I Guides not only list USCIS processing times, they also contain explicit directions for business owners on how they may hire foreigners for temporary work projects in the United States or how to sponsor an employee seeking to obtain permanent residency. The site further explains how to complete the necessary forms. For more information, visit the Questions and Answers page.

Claim special work eligibility status for foreigners with the USCIS

When you've located an individual who possesses extraordinary abilities in any given field that your business operation depends upon, you can apply for a special kind of USCIS work qualification.
Try: EB-4 Eligibility and Filing, EB-1 Eligibility and Filing and EB-2 Eligibility and Filing are USCIS forms that businesses must file when they want to hire foreigners with exceptional skills in fields such as science, business and the arts.

Monitor current changes in the USCIS application form rules

Penalties for not completing the necessary work petitions are stiff. With so much information on the USCIS website geared specifically to employers, there's no reason you can't stay informed of the latest legal developments in hiring foreign workers.
Try: Contact the Systematic Alien Verification for Entitlements (SAVE) Program for any changes to employer information that the USCIS publishes. The Temporary Benefits Employment Categories and Required Documentation page on the USCIS website accurately describes the new USCIS policy for documenting nonimmigrant workers.

 

  • If your business depends upon long-term employment of a foreign worker, the USCIS will consider issuing a Green Card to that individual.