What Are the Challenges for Human Resource Managers When Applicants May Come From a Foreign Country?
Online recruitment through job boards, social media and corporate websites has opened worldwide talent markets for companies seeking expertise. The Internet also has given workers the ability to seek employment in the United States from the comfort of their foreign homes. Although human resources professionals can use talent management programs to narrow candidate pools, they must always ensure compliance with employment and immigration law when hiring foreign workers.
Immigration Reform and Control Act
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Human resources staff must abide by the Immigration Reform and Control Act, or IRCA, and avoid any discrimination based on an applicant's immigration status or national origin. Interviewers must not question candidates about their citizenship prior to offering them a job. The Equal Employment Opportunity Commission says all attempts to verify employment eligibility should wait until after hiring to avoid exposing the company to accusations of discrimination. IRCA makes it illegal to prefer foreign workers over "qualified U.S. citizens," individuals granted asylum or refugees. Unless stipulated by a government contract or other legal regulation, employers cannot limit hiring to only U.S. citizens or permanent residents.
Visa Restrictions
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Prior to hiring a foreign worker, a company must get foreign labor certification from the U.S. Department of Labor, an often lengthy process that requires substantiating documentation, according to the legal website Justia. Once the company has certification, HR can sponsor an applicant for a visa. Visas with geographical restrictions require HR's diligent attention, notes the Society for Human Resource Management. Any deviation of work location or job performed as noted on the visa will trigger repercussions that may restrict future alien hiring.
Employment Verification
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Since November 1986, the Immigration and Nationality Act, or INA, has mandated that employers have every employee complete an I-9 form to verify employment eligibility within three days of being hired. The back of the form lists all acceptable identification documents. To comply with IRCA and avoid a discrimination charge, human resources staff cannot request to see documents that do not appear on the I-9 list or reject a form of identification from it that an employee presents. Failure to complete this step in the hiring process carries a per-incident fine of from $110 to $1,100.
Social Security
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Human resources staff must advise a foreign employee of his need to obtain a Social Security number. The law permits the employee to work during the time between applying for and receiving a Social Security card. The Social Security Administration advises HR professionals to have the following information on file until the card arrives: worker's full name, address, date and place of birth, and gender; full name of each parent; and application date. The SSA has procedures HR must follow in the event W-2 report filing takes place before the worker receives his Social Security number.
Recordkeeping
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Foreign employees on the payroll increase the record-keeping burden of HR staff. A public access file, or PAF, must be kept for each employee with a non-immigrant professional visa -- H-1B -- until a year after separation. The PAF must include the labor condition application, or LCA, submitted with the original visa petition. Tracking employment and LCA dates is critical, according to the Society for Human Resource Management. If human resources fails to notify the U.S. Customs and Immigration Service and the Department of Labor when a worker with a valid LCA ceases employment, the company could be liable for back pay. Other visa types also have documentation requirements. Adherence to "deemed export" compliance regulations, through which the U.S. Departments of State and Commerce oversee foreign nationals' access to technology, impose additional document requirements.
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Writer Bio
Trudy Brunot began writing in 1992. Her work has appeared in "Quarterly," "Pennsylvania Health & You," "Constructor" and the "Tribune-Review" newspaper. Her domestic and international experience includes human resources, advertising, marketing, product and retail management positions. She holds a master's degree in international business administration from the University of South Carolina.