| Foreign Nationals often face a serious dilemma when | | | | permanent employment authorizations. These costs |
| seeking work in America - whether and how to | | | | form a significant burden on employers that add to |
| communicate legal status as a worker when it is | | | | fears that already exist regarding the hiring of any |
| impossible to avoid presenting a background that | | | | new employee. The employer's guard goes up when |
| indicates that their national origin is outside of the United | | | | the prospect's initial employment marketing documents |
| States. | | | | (resume and cover letter) indicate that he or she may |
| This is a sticky issue with foreign workers because | | | | be a foreign national. |
| national origin is a status that is protected by U.S. | | | | Strategic Considerations: |
| employment discrimination laws, with the exception of | | | | An employer may not legally ask questions about |
| foreign workers who are not legally authorized to | | | | national origin in the pre-hiring process. For this reason |
| work in the United States. For this reason some initial | | | | a job candidate is not required to provide this |
| disclosure of legal work status may be advisable | | | | information until they complete an I-9 form after an |
| under certain circumstances prior to being asked. | | | | offer has been extended and accepted. This is a |
| Background: | | | | problem for a foreign worker who needs a sponsored |
| The authorization of employment of foreign workers, | | | | temporary work visa to begin work. If they wait until |
| and verification of their legal status in the United States, | | | | they are hired to disclose their status to the employer |
| is regulated by the Department of Homeland Security, | | | | they risk withdrawal of the employment opportunity. |
| U.S. Citizenship and Immigration Services. This agency | | | | The withdrawal based on national origin is legally |
| grants legal status to foreign workers through the | | | | permissible and the employer may justify it, from a |
| issuance of a variety of permanent work | | | | business standpoint, on the sudden confrontation with |
| authorizations (often generally referred to as "green | | | | additional and significant time and expense involved in |
| cards") and temporary work visas. | | | | putting this person to work. For this reason the foreign |
| Green cards are issued to foreign workers who can | | | | worker should disclose their status earlier in the hiring |
| show that there is a shortage of workers in their field | | | | process. |
| and that their pay rate does not undermine the | | | | The real question at this point is: When and how do I |
| prevailing pay rate of U.S. workers. This involves a | | | | make this disclosure? Do I put it in a resume, a cover |
| labor certification process that typically takes from two | | | | letter, or both? Do I leave my need for sponsorship out |
| to six months. There are other documentation and | | | | and disclose it at an interview? This depends very |
| interviewing requirements that can make the process | | | | much on the specific context of the employment |
| rather lengthy. Once the process is complete the | | | | opportunity, an assessment of how an employer will |
| worker can work for any employer in the United | | | | react to a particular disclosure at a particular time, and |
| States. Unlike permanent work authorizations, | | | | the obviousness of the candidate's status as a foreign |
| temporary work visas are typically tied to a particular | | | | national. Finally, and perhaps most important for a |
| business or academic organization that must act as | | | | candidate, is the need to make any disclosure in |
| the foreign worker's sponsor. The foreign worker must | | | | manner that is positive and contributes to the |
| obtain a new work authorization to change employers | | | | candidate's ability to sell their employability. |
| in the United States. | | | | In the case of permanent work authorization ("green |
| The verification process is performed by employers | | | | card") holders, disclosure depends on how obvious |
| who must require all new employees to complete an | | | | their national origin is on the face of their resume. If |
| I-9 form at the time of hire. This document requires the | | | | their foreign nationality is not apparent then there is |
| employer to verify the employee's authorization to | | | | probably no need to make a disclosure. If the opposite |
| work in the United States, by examining various | | | | is true a green card holder must address it through |
| documents listed on the form, at the time of hire. The | | | | disclosure in terms of where, how, and when, or risk |
| employee must certify their specific work authorization | | | | being screened out of consideration based on a faulty |
| status (citizen, non-citizen national, permanent work | | | | perception that more effort is involved in hiring this |
| authorization, temporary work authorization) on the | | | | worker than would be required for an American |
| form. A foreign worker who requires sponsorship for a | | | | worker. |
| temporary work authorization will not clear the I-9 | | | | Candidate's who fall under either the temporary |
| hurdle unless the sponsorship and temporary work | | | | worker or the permanent residence status, and who |
| authorization have been granted. Employers are | | | | are confronted with making a decision of whether or |
| required to keep the I-9 form on file for three years, or | | | | not to make a disclosure related to their foreign |
| one year after employment ends, whichever is longer. | | | | national status, should consult an employment |
| The U.S. Department of Labor enforces these | | | | professional who is well versed in interview coaching, |
| requirements through employer record inspections, | | | | resume writing, and the system for employing foreign |
| which may be conducted without warning. | | | | workers in the United States. This professional can |
| These regulations mean additional time and money | | | | help you determine whether to make such a disclosure |
| costs for businesses that hire foreign workers due to | | | | during the employment process, and when and how to |
| the need to hire additional staff and outside | | | | do so. These are very important considerations in |
| professionals to provide compliance, as well as the | | | | helping you win the job in a very competitive job |
| expense of obtaining and converting work visas to | | | | market. |