Foreign Worker

franfields

Management hired a foreign worker who has been in the US on a student visa which will expire in July. Is there a problem employing her prior to getting an H-1B Visa?

PS Our attorneys believe the H-1B quota may have already been met for 2004. If so, we are not sure what she can do. Her fiance has already gotten his visa and they do not want to go back to the Slovak Republic.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 02-19-04 AT 11:55AM (CST)[/font][br][br]The student visa is not convertible and I believe it expires 30 days after school ends. The H1-B processing has closed out for this fiscal year, which ends in September. They will accept applications but will not act on them, as I understand it, until about next March if submitted now. Unless you have documentation from the Feds of their having accepted your petition for processing, giving you authority to employ her, you will not be legally employing her. Whoever hired her jumped the gun and is violating the law. That's why the process exists, to ensure that alien's are here legally and if working, are employed under legal process and approval in the positions which were approved. Her student visa is a dead issue.

The fact that they 'don't want to return to their home country' is totally beside the point. If your employer continues to illegally employ her, it could endanger his opportunity to participate in the program again, not to mention the fines.

franfields

Sorry for being thick. I haven't done this before --- even if it says it is an "Employment Authorization card"? Under terms and conditions it says,"Student: optional practical trng" but I am being hopeful.

Don D

I would defer to an attorney who specializes in immigration. A cheaper route to your answer would be to call a law firm and ask for a paralegal who knows that process.

TN HR

There's several options available to a student on an F-1. Like Don said, there's curricular employment available, but there's also economic hardship, etc, etc. It really is very complex and you would be better served by an attorney.

A quick, inexpensive option to be used solely for preliminary information is the office of international students of a nearby college or university. Anything more and you should seek competent legal counsel.

Gene

MrCreosote

The school she attended probably has a student visa expert who can help you. Optional Practical Training allows students and former students to work for a year, either while they are studying or after graduation. The H1-B is a separate issue.

franfields

Thanks all. We have spoken to a lawyer who specializes in this. We will submit the documents March 1, requesting they be considered asap in the new fiscal year. Right now she is able to work because she does have a work authorization for one year but it expires July 20. We are not sure yet what, if anything, can be done between July and when her documents are in process. She may not be able to work during that time frame.

Don D

And it's 'Hello Slovakia Airlines' too. If her school status and work status have expired, she goes back to momma's. Contact us in four months when your boss admits to paying her under the table and wants to know if he's in hot water. x:-)
I think there's a Jimmy Buffet song about this.

Pork

TO ADD TO AND SUPPORT OF "Dandy Don", I just read from The HR Specialist bulletin, National Institute of Business Management, February 2004 issue ".....The Immigration and Naturalization Service is concentrating on security-related sites such as airports and water supplies in the wake of Sept. 11, 2001. But it will respond to complaints, including those filled by employees bumped from jobs by illegal worker. And penalties can be high: Poor documentation can cost you $1000.00 per worker, and knowingly hiring an illegal alien can result in a $10,000 per worker fine".

Now that is talking some significant dollars for being a nice guy in violation of Federal Law. Your company should get this one cleaned up and out of this relationship, as soon as possible, like yesterday.

PORK

franfields

Thanks guys. I feel better already x:'(