Immigration through employment is governed by the Immigration and Naturalization Service (INS), and, oddly enough, all employers are involved in immigration through employment in a minor way. This is because of the I-9 verification process – it’s designed to ensure you only hire permanent residents or citizens, not illegal immigrants. So if you have any employees, you are part of the INS system.

What are I-9 Forms?
You can get them from the INS online or by calling. It’s part of a process to ensure you hire no undocumented workers, a major problem in the United States. All companies are involved in this process. The only exemption for filling out an I-9 is if you are using an independent contractor, but all other new hires need an I-9.

What if there are problems?
The INS receives complaints of employers using illegal worker often enough to add to the current debates on illegal immigration. The problem is that illegal immigrants are taking jobs they are not allowed to take. While the majority of these jobs are low-paying, it’s still breaking the law. If you are using illegal immigrants as workers, it’s not just them who pay; you can be penalized for hiring illegals. If, however, you do not know one of your workers is undocumented, and he or she had apparently valid information, you will not be held responsible.

What if you’re unsure?
The only times you should investigate a worker is when the information and documents are clear forgeries. If they appear to be correct, you need not investigate. However, if the documents are forgeries, for example a faked green card, you should investigate further. While you are not always penalized if you don’t know, it can help you legally to ensure you hire no illegal workers.

There are some steps to to avoid running into trouble. First, when you first hire a worker, verify his or her status with the usual paperwork. Make sure you get all documents required. Look closely for possible forgeries in these documents. You will then ensure the documents match up with the I-9. Then keep the I-9 for a minimum of three years, or one year after employment. It’s important to note that the INS can give you notice to inspect the I-9, without a warrant or subpoena. If they ask for the documentation, you have three days to give it.

You should also never tell your new employee what documents to give you; this is his or her job. Also, if the document is a copy, you need the original. And finally, only reject a document if it’s clearly a fake.

Getting Help
Immigration through employment may sound complicated and dangerous. However, if you hire proper legal representation to ensure no mistakes are made, if you follow the above laws and tips, you can benefit from a new employee with unique talents and knowledge.

Immigration through employment occurs when an employer sponsors you for a job, therefore allowing you to immigrate to the United States. References vary on exactly how to successfully apply for immigration through employment, so this post focuses on the basics.

Are you eligible?
You can be eligible for immigration through employment under four categories. While millions do not immigrate this way, about 145,000 immigrated to the U.S. through employment in 2009. The cut off number is 140,000 currently, meaning that only so many immigrants are allowed to apply via this method, but there are exceptions for more. Let’s go over the four categories.

Priority Workers
If you have an extraordinary ability in areas like science and math, or you’re a professor or researcher in a complex field, you can be considered. Even some executives and managers of companies with rare skill are considered.

Professionals with Advanced Degrees
Similar to priority workers, only as a professional it’s focused on your actual education. You can be eligible if you have an advanced degree, or if you have a baccalaureate degree and years experience in a fields like the arts, sciences, and business.

Skilled or Professional Workers
Here the focus is on work experience, but you still can use your education. In this case you need at least two years training or experience, or you are capable of filling a position which requires less training (a professional worker).

Special Immigrants
Special immigrants take on less regular occupations, such as a priest.

How can you apply?
Your employer and an immigration lawyer will have to help in the application process, as there are many steps involved which you likely cannot handle on your own. You first need to submit labor certification to the Department of Labor’s Employment and Training Administration. The DOL will decide whether you are eligible and needed or not. This is where the above steps are important: you must be able and qualified for a position which won’t take a job away from a U.S. worker.

If accepted, the employer will file a petition with the USCIS. The worker will then have to wait until an available visa comes in (remember the number is limited). After this, you will then be a conditional permanent resident based on your employment, allowing you to live and work in the U.S.

Who should you hire?
It’s a complex process just to get a green card and to be able to work, but it’s the law all immigrants go by. If you’re an employer considering this option, be sure you work with an experienced immigration lawyer who can help with immigration through employment. If you’re an immigrant hoping to work in the U.S., the first step is to find an employer willing to hire you.