These jobs not covered by workers’ compensation, including working in the agriculture or farming industry, home or domestic workers, and seasonal workers. This also means that these non-citizen employees are eligible for workers’ compensation benefits should they be injured on the job, unless they are hired in other jobs not covered by workers’ compensation. You can find out more information here on the PERM Labor Certification link. One requirement that employers must meet first is that they advertise the job, interview candidates, and then show that none were right for the job that the immigrant will take on. In areas of Arizona where there may be a lack of suitable candidates for various work positions, green card or non-immigrant visa employees can make up the difference to help employers stay solvent and on track with production in most industries. This applies to citizens and non-citizens, such as those with a green card and approved eligibility status to work in the United States.Īrizona employers may hire non-citizens under a temporary green card or non-immigrant visa, by filing a petition on behalf of the potential employee. United States Immigration and Customs Enforcement (ICE) will also be notified of the unauthorized immigrant, which likely may lead to immediate deportation, depending on the situation.Īll United States employers and employees must also fill out and maintain the Form I-9, known as the Employment Eligibility Verification form, to confirm the identity and verification of employment for each employee. While E-Verify is a voluntary program, Arizona is the first state with a legislative mandate for all employers to use this program.Īrizona employers who hire illegal or undocumented immigrants can be heavily fined if found that they have hired an ineligible immigrant. The program is used to verify an applicant’s eligibility for work. ARS 23-212 outlines further how complaints can be made against an employer who hired an illegal or undocumented immigrant and the possible punishments that the attorney general can take against the business.Į-Verify is a free online service instituted by the Department of Homeland Security, an available to all enrolled employers across the United States. Title 23, Chapter 2 of the Arizona Revised Statutes (ARS) covers the legislature in place concerning the hiring of illegal or undocumented immigrants. This is required by the Legal Arizona Workers Act of 2008, which was instituted to prevent Arizona’s employers from knowingly (or unknowingly) hiring illegal or unauthorized immigrants. When it comes to hiring such an applicant, the most important step all Arizona employers must take after the interview is to verify the applicant’s work citizenship status through E-Verify, before allowing the applicant to start work. It is possible that either type of immigrant may apply for a job without the employer knowing the citizenship status of the applicant and who may interview that person for an open position. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: Go to: short answer to whether an Arizona employer can hire an illegal or undocumented immigrant is no. To buy our e-Book, WALKING THE NEW LABOUR LAW TIGHTROPE please go to Written by Ivan Israelstam, Chief Executive of Labour Law Management Consulting. Thirdly, where the hearing proves that the employee is working illegally the chairperson should end the employment relationship making it clear that this has been done purely for reasons of immigration law. This will give a properly qualified chairperson the opportunity to look thoroughly into the legality of the employee’s status. Secondly, especially where the employee’s status is unclear the employer should hold a hearing to establish the truth of the matter before firing the employee. The wise employer’s first step is to investigate thoroughly all allegations that employees are working illegally. This could result in the employer having to pay the employee compensation up to the equivalent of 24 months remuneration. It might also constitute unfair discrimination on the grounds of ethnicity. This is because, if the employee is incorrectly fired for being illegal, this will constitute an unfair dismissal. The employer cannot dismiss a suspected illegal alien before checking up on these allegations. What is even more dangerous for employers is that certain xenophobic or vengeful employees could make false allegations of illegal working status against their colleagues maliciously or without being in full possession of the facts.
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