By regulation, every employer that employs at least 10 employees must verify work authorization for each employee in their workforce. This is done through what’s called an E-Verify employment screening system.
Prior to March 15th 2018, employers were allowed to check only one document type as proof of employment authorization – the I-9 form. Starting three years ago, however, employers can now check two additional documents as employment authorization proofs: The G1 visa document and the ITIN (Internal Transfer Number) document.
The deadline to implement this regulation was December 31st 2017, but many large companies had already implemented these changes well before then. Unfortunately, not all businesses updated their software systems to include the ability to accept these new types of documents as valid forms of employment verification.
For those who did update their software, it may be difficult to find out which ones! Many vendors have discontinued offering access to their program’s source code, making it very hard to determine which files are used to validate these new documents.
A non-immigrant worker is considered “employment authorized” if they have either an H-1B or L-1A visa, or both. The employer must also verify that employment eligibility by running a background check and/or drug test.
It is important to note that employers cannot hire anyone who does not have authorization to work in the United States. Employees with no work authorization are liable for fines and even imprisonment under federal law.
A business can only hire someone on a G4 visa if there is an adequate amount of employment available to them. They must also verify that you are authorized to work in Canada as well as within your country of residence.
Business owners cannot use their status as a Canadian employer to help you gain entry into Canada unless you have working authorization in this country first!
They may be able to assist with accommodation, but this can’t include housing or living expenses paid by the employee.
You will need to pay these yourself or find alternative accommodations if necessary. Check out our article about how to stay safe while traveling alone to learn more about partaking in social activities and staying secure.
As an employer, your responsibilities don’t stop once you hire someone. You must ensure that your workers are authorized to work in America, that they have the right employment authorization document (EAD), and that their EAD is valid and authentic.
If anyone working for you doesn’t meet these requirements, it can be costly not only for your business, but also for the employee, who may face deportation or exclusion from entry into the United States.
Your company can be liable under federal law if one of its employees isn’t properly vetted.
Being able to identify what kind of employment authorization you have is an important part in knowing who can work for your company and under which conditions. The G4 visa classification system has three main categories: managerial, professional, and technical.
The term “managerial” is typically associated with positions like Director of Operations or Vice President of Sales. Both of these jobs require you to oversee the day-to-day operations of a department and/or division within your company, so they use of the word “management” makes sense.
A more specific version of the “professional” category is called the ETA (Employment Authorisation) class. This just contains the employer’s name and position, not anything else. A less formal way to say this is that it’s just your résumé!
Finally, the most general category is “technical.” Here we find positions such as Software Engineer, Network Administrator, etc. These are pretty self explanatory; someone with this status can look at the software engineer title and know that person is probably very smart. 🙂
You do need to be aware of some differences between the various G4 visa types, but having knowledge of the basics is enough to help you tell people if they're allowed to work for your company.
Being able to demonstrate your employment eligibility is an important part of being able to stay in the United States. You must be able to do this before you can work here!
If you receive a letter telling you that you need to prove your employment eligibility, there’s a lot you have to think about immediately. This article will talk more about what kind of documents you should look for and how best to source them.
We’ll also take a closer look at some of the most common G4 visa jobs and what requirements they may or may not include. If you’re looking into becoming eligible to work in the US, make sure you check out our dedicated page at Becoming Eligible To Work In The USA.
While most employers require you to have an employment contract before they will sponsor your work visa, there is no requirement that you be offered employment immediately after arrival in Australia. You can apply while you are still looking for work or until you find it!
Many people feel nervous about being placed into employment without having made first contact with potential employers, but this is totally normal. It’s even okay to live off savings while you look for work, as long as you're aware of the risks involved.
If you don't get accepted by your first employer then you can reapply once you've saved enough money to support yourself for at least six months.
As mentioned before, employers can hire foreign workers under the General F-1 Visa or ETA (Employment Training Assistance) program if they have job openings that are beyond their employee number quota. This article talks about what happens next when an employer hires someone under this program.
Once you receive word of a new employment opportunity from a sponsor organization, your HR department will need to begin processing the documents and paperwork required to bring the individual into the country as an authorized employee. These documents include proof of income, work authorization, health insurance, etc., but most importantly an employment authorization document (EAD).
The Employment Form I-9 requires confirmation that the applicant has permission to work in the United States, so make sure to verify this information properly! If the applicant does not have an appropriate level of employment certification, he or she cannot be permitted entry into the U.S. The employer must also ensure that all necessary taxes are paid prior to issuance of the I-94 card.
NOTE: It is the responsibility of the sponsoring company to make sure that each member of its team receives proper documentation and approval to enter the United States. A common way to avoid issues is having one person at the workplace handle all immigration related questions and forms. This keeps things organized and clear.
The average processing time for your new employee is about eight days, although this can vary greatly depending upon what level of review your manager performs.
Some lower-level managers do not have access to professional resources that check documents so it may take them longer to complete their reviews.
Higher-level managers have access to such professionals, which helps reduce wait times. These professionals verify things like employment eligibility, income verification, tax documentation, etc.
So while they are paid professionally, there’s still some waiting involved as they must coordinate with each other before being able to move onto the next part of the process.
Hiring foreign talent on a G4 visa can be advantageous for many companies. Here are some key benefits:
While the G4 visa system offers various advantages, employers should also be aware of potential drawbacks and challenges:
In conclusion, while the G4 visa system can provide businesses with access to a wider talent pool and various benefits, employers should weigh these against the potential challenges and be well-prepared to handle them.