The USCIS Employer's Handbook provides detailed instructions for completing the form as well as a thorough explanation of your associated legal obligations. As explained by the Employer's Handbook , jobs attract illegal immigration to the U. You don't actually have to know how each of these categories of legal workers is defined, because the Form I-9 instructions and the Handbook spell out exactly what documents will count to establish employment authorization.
They also make it clear that the choice of which documents to present is not the employer's but the employee's. What's more, an employer's preference for one class of legal worker over another could actually be construed as illegal discrimination.
For, at the same time that the law obliges you to confirm that every new hire is authorized to work, the law prohibits you from discriminating on the basis of national origin or citizenship status.
In fact, if you look at an I-9 form, there's an "Anti-Discrimination Notice," boxed for emphasis. This notice warns employers against specifying which types of work authorizing documents they will accept, even if the reason for the preference is that one type has a future expiration date and another does not. If a worker you want to hire doesn't have the necessary authorization, you might be able to help him or her get it.
Then again, you might not. No standard, general-purpose work authorization exists under immigration law. What's more, the rules and procedures for obtaining work authorization for foreign workers can seem formidably complex and difficult, resting as they do on a central underlying tension between the imperative to make needed workers available to U.
Depending upon the requirements of the job you are trying to fill, the qualifications of the worker you are trying to hire, and the amount of time, money and effort you are willing to expend, you may be able to sponsor a prospective employee for lawful permanent residence in the U. Stay Ahead of the curve in Emerging Asia.
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Hiring Foreign Staff to Work in Vietnam. An employee can engage in one of the following types of labor directly with their employer: Indefinite term A contract in which two parties do not specify the length of the contract Definite term Two parties agree on a contract lasting between 12 and 36 months and a specific termination date within that time period Specific or seasonal A contract lasting fewer than 12 months. An Introduction to Doing Business in Vietnam An Introduction to Doing Business in Vietnam will provide readers with an overview of the fundamentals of investing and conducting business in Vietnam Recommended for you.
Leave a Reply Cancel reply Your email address will not be published. Email address. Back to Guides to managing business. Guide to Hiring Employees in Singapore After setting up a Singapore company, hiring employees is an important milestone that involves some serious and important decision-making. Are there any formalities for hiring local or foreign employees? Is there a restriction on the number of foreign employees I can hire? Is there any distinction in hiring full time, part time and contract staff?
How much does hiring an employee really cost? Do I have to pay any levies, provident fund contributions etc.? In the absence of statutory requirements are there any common practices being followed in Singapore?
Employment act overview Singapore Employment Act is the key legislation that spells out certain basic terms and conditions of employment. What is Employment Act? It lays down specific regulations regarding the basic terms and conditions of employment and the rights, duties and responsibilities of employers and employees.
Your first step is to know whether your employee is protected by the Employment Act. If your employee is covered by the Employment Act, you should remember that the terms you draw out in the employment contract cannot be less favourable than what is mentioned in the Employment Act. If your employee is not covered by the Act, then the terms and conditions of employment can be negotiated between both parties and once finalised upon it must be clearly stated in the employment contract.
The contract will bind both the parties. Who does the Employment Act apply to? Important duties and obligations Formalizing Employment Contract For all employees: The employment contract is the most important document as it specifies the terms and conditions of employment between you and your employee.
For employer with more than 5 employees, it is mandatory to submit the employment income information electronically, under the Auto Inclusion Scheme. Once the IRAS does an assessment and issues a tax clearance certificate, confirming that all taxes have been paid, you can release the payment due to your employee.
Specifically the ordinary wage ceiling is capped at SGD a month i. The foreign worker levy is a pricing control mechanism to regulate the demand of foreign workers in Singapore. Refer to the foreign manpower section below for more details. Students are entitled to CPF contributions, unless exempted.
If you wish to take on students for an internship there is no need to make CPF contributions, as they are only undergoing training in your organisation as part of their curriculum. The common practice is to pay interns only a monthly allowance. For students who are foreigners: Foreign students are not allowed to work in Singapore during term time or vacation time unless they are granted Work Pass exemption under the Employment of Foreign Manpower Work Pass Exemptions Notification.
If you wish to take on foreign students as interns or part of an industrial attachment programme, you must apply for a Training Employment Pass or Training Work Permit on their behalf. No foreign worker levy payment needs to be made since they are only undergoing training in your organisation as part of their curriculum. Hiring part time employees and contractual staff Part-time employees are defined as those who are required to work for less than 35 hours a week.
There is however a certain amount of flexibility for both employers and employees, including the pro-rating of employment benefits, encashment of annual leave and provision of rest day. Please be advised that as a common practice in Singapore, part time and contract employees are usually not entitled to certain privileges like bonus, medical insurance and other perks that full-time employees normally tend to enjoy.
Your company will not be able to decide on Monday that they want to hire international workers and have them in the US by the end of the week. The best immigration strategies are multi-pronged, and used to proactively meet the needs of your business or organization.
There is a lot of red tape and the procedure of getting started hiring foreign employees can take months or even years depending on which business immigration program you are utilizing. Get started with planning and taking the necessary steps as early as possible with the knowledge that it may take a while before your plan starts bearing fruit. FordMurray has published several guides for businesses and higher education institutions that provide extensive insights, timelines and pitfalls to avoid for different types of employment visas — view our guides here.
You need to know what roles within your company you want to fill with international employees. Often, these are positions for which you have trouble finding talent within the US that has the prowess and capabilities to excel in the role.
Business immigration is not something that you can play by ear.
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