Wednesday, October 11, 2006
Recruiting Woes
Several clients going through the hiring process have called in recent weeks with questions about the legal work status of prospective employees.
Foreign students had applied for employment. Two had Social Security Numbers; only one was legal work. How is a household employer to know the difference?
YOU MAY LEGALLY HIRE A U.S. CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE, OR AN ALIEN WITH A VALID WORK PERMIT.
Foreign students had applied for employment. Two had Social Security Numbers; only one was legal work. How is a household employer to know the difference?
YOU MAY LEGALLY HIRE A U.S. CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE, OR AN ALIEN WITH A VALID WORK PERMIT.
You are required to verify your candidate's employment eligibility using Form I-9. Aliens with a valid work permit are eligible for and should have a valid Social Security Number.
A lawfully admitted alien with documents from ICE indicating work authorization (i.e., DS-2019, I-20, I-551, etc.) may apply for and be issued a Social Security Number.The Social Security Administration will issue cards to aliens not authorized to work if they are lawfully admitted to the US and need the number for a valid non-work reason (as determined by Social Security Administration). The card will be marked to show that the individual can not work. If the alien does work, the Social Security Administration is required to inform ICE.
In this case, the only way the household employer can really tell the difference is to ask to SEE the Social Security Card.
