Potential Employee
JCInfo
41 Posts
We have an applicant who has a work permit for another year . . . what are the complications/benefits, etc of hiring? What type of questions should I ask, what are the possibilties of this applicant getting a full work permit.
Thank you!
Thank you!
Comments
Gene
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
Apparantly, you have not taken the opportunity to check out the SAVE Program that is available for you to verify the accuracy of the data in the Department of Homeland Security USCIS/SSA data banks. There is much discussion on this forum about the on-line verification of work permits and SSN. I joined the government's verification system and now have had 25 verifications in a row and documented by the DHS SAVE PROGRAM as valid and authorized to work in our company and our country. There has only been one submitted for an ee that was not a US Citizen; the program had me refer the individual with the specific document (THE WORK PERMIT)to USCIS for correction of, obviously, bad data in the data bank.
I suspended the ee from work with the formal letter to the DHS/USCIS and gave him 8 working days to initiate the correction procedures. Guess what, he did not return and the data bank still has bad data, which is different from the actual ID card. I bet this may be the same guy or girl.
My e-mail is open if you choose to ask about more information on the SAVE PROGRAM.
Your base question revealed that you have a Work Permit identifying an idividual that is permitted to work in our country until the expiration date! If you are comfortable with looking at documents and enrolling the potential employee using the documents he presented then send him/her on to work. My first question is was the individual offered a job? Are doing the paperwork or are you concerned because there was no offer and you were presented the ID information and want to know about the expiration date and impact? If the work permit was verified or the assigned SSN verified, then I would send the ee onto work with the understanding he/she must get the card renewed and back to you before the expiration date.
You should not be making job offers to indivduals based on I-9 information!
I look forward to watching this thread develop.
PORK
you're just trying to get everyone all worked up and have this thread hijacked!!!x0:)
:DD
If you want to plug SAVE willy nilly, then at least have the common courtesy to go to HR DE HAR HAR and do it somewhere where at least it will be more benign.
You're like my six year old son. I give him enough rope and he steps on his own you-know-what.
Gene
Note to reader:
If you find this offensive, abrasive or otherwise, please contact MLS.
Note to MLS:
Before you accuse me of hijacking threads via private email to other subscribers (didn't think I knew, did you you dirty rats?) notice who hijacked and posted off-topic. Do us all a favor and police this better.
HRHero staff thanks again for this great forum and the ability to work the airways for good HR informatioooooooooooon on all HR issues.
Yep, there he is again with the HI-JACKING business.
I wonder how long he will go on about my HI-JACKING something. One can only HI-JACK when one has someone of interest to counter a Blog! I have spent the last two weeks conducting a wrong doing investigation into our time clock system of recording time. The 2rd manager has been fired and one labor level employee, there will be more. I am ready for a brew, maybe ole TN HR will run me down a "Black label Jack" for my soul.
Ya'll have a nice day. now if this runs on and on that would be HI-JACKING and getting off the subject.
PORK
TN HR can't you at least spell my name right, either all caps so I can hear or just the first letter P and ork in lower case would be more respectful, if you realyy care.
Do you want to rethink that advice or did the government give you some sort of special dispensation to violate the law?
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
I will use the term "work permit" to mean one of various visas and/or a Temporary Employment Authorization. If the individual in question has a visa, then most likely, as Don stated, it is not portable. Work visas are usually issued to an individual in conjunction with a sponsoring employer and they are only good for employment with that employer. Having said that, it is possible to transfer a visa and assume sponsorship. This is, however, a lengthy, expensive and resource-consuming task.
If the person has a Temporary Employment Authorization in the form of an I-688A card, then this is a whole different story. This individual is free to seek employment virtually anywhere. There is no sponsorship, no fees, no nothing. Please note that these documents are very common among immigrants who are seeking permanent residency. They are often given these work documents while their permanent residence applications get processed. It is not uncommon in certain cases for these individuals to get 1 year renewals especially if they are on the tail end of their permanent residency process. I have about 6 or 7 right who just went to Memphis to get an additional 1 year extension because of the backlog in processing their permanent residence. Ninety-nine percent of the time they are given extensions. The only time I have seen one denied is in the case of an individual, who through a random audit at extension time, was found to have commited (and convicted of) a felony for domestic battery. He never made it out of the Memphis office. He was detained and processed for deportation. The rationale is that he would have never been granted permanent residency nor naturalization with that on his record anyway.
If your candidate has an I-688A card, I would feel comfortable hiring. As a matter of fact, the law is very clear in that you cannot discrimnate based solely on a future expiration date of a document. Having said that, I would also reccomend against doing any sort of "checks" or "databank matches" of any sort until after you have extended an offer. Follow your standard hiring practices in terms of verifying I-9 documents and such.
Good luck. I hope this was helpful.
Gene
Thanks so much for the information . . . I'll try to find out exactly what this applicant has in hand and go from there.
JC
E Wart
Good morning to all in this Blessed Country and our special "world of work".
PORK
My main point, however, is that you always roll out this SAVE program and imply that an employer can use the mechanisms of that program to solve everything from coke spilled in the breakroom to categorizing foreign nationals by the hue of their complexion. Please wait for a post on that program to unleash that on us over and over.
Regardless of SAVE, it remains a fact that an employer cannot delve into any person's continuing right to work or seek work or apply for work or move freely about the country based on some wopsided view of when a certain document expires or whether they have a certain document or how legitimate you think it is if they do have one. That type of analysis can only come at the point of hire. All you may do pre-hire is ask on your application if the applicant is legally authorized to work in the United States. I see that you are beginning to pick up on that fact in your last post. Congratulations. You are making progress in YOuR WorLD of WoRk.
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
After 11.6 million illegal foreign workers had been identified as in our country and "working", was it that the Federal Government put together the one piece of the I-9 package. The ability to validate the information was missing for we employers. Finally,the government opened the SAVE Program, which government agencies have been able to use very successfully for several years, to all employers everywhere and for no charge.
E-Wart, TN HR's words are also right on, until he makes the statements or expresses dis-satisfaction with the SAVE Program.
He has not put the first bit of information of fact forward to the forum readers, who might choose to follow his lead and walk away from many available answers to employer concerns over the "work permit". HR legal concerns to "get it right the first time without concerns" as posted by the originator of this post/thread, is now available.
While the SAVE PROGRAM will not make a "chocolate milk shake or SCRAPE up HOG MANURE", as Don likes to express on my behalf, it will help this company and all companies to cure the ills that we experience everyday with the old I-9 system and procedures.
I look forward to meeting each and everyone of you as I travel this great land talking about and training others on the use and value of the New I-9 system. I have been given great credit for the New I-9 system by some of our forum subscribers; I thank you for that and I thank the President for his "potential callup of me into service for the education of all employers on the new I-9 and how to use the on-line verification of Work Permit Data". December 31, 2005 is not really that far away, it will be great seeing you and placing a face with the HRhero Forum names.
By the way Don,in those days, I was a silent type of HR participant, no wonder you did not see or hear of me. I have travelled many miles since those days, but always carrying the burden of the Old Form I-9 and its procedures.
ENOUGH on this for now.
PORK
PoRk: Nice acceptance speech. Please let me know when the Senate Confirmation Hearing will be on C-Span. I'd like to watch to celebrate your callup confirmation. Again, congratulations and all my best.
By the way PoRk; the I-9 program did what it intended to do. It gave employers a method, although not perfect, to try to validate a person's right to work before putting them on the job. It was not the fault of the government that some came with fraudulent documents. Nor was it anticipated that so many employers, including the pork processing industry, would knowingly violate the law. The program and process were far from perfect. But, you fail to realize; it is the porous borders of this country, not the I-9 process that has resulted in millions of illegals within.
I'm donating my lime-green leisure suit for you to travel the country in.
By the way: I have not decided which, but I will either quit, retire or commit suicide before I will allow you on the property to train anyone here in anything.
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
Since becoming involved with the NEW I-9 procedures and agreement with DHS, this company has stopped the foreign workers from coming to our door, by simply letting the community that our company is capable of verifiying and validating any document presented. They no longer come and this reason alone is going to clean up the illegal work force without concern for EEOC, ATTORNEYS, or any other issue that might or use to arrive by way of the I-9 issues.
Again thanks for your hard work and diligent effort to get me trained right and to follow your every instruction. I was there, but with a different company with retail stores all over the south 527 to be exact, and concerned everyday for the arrival of our wonder border patrol to check our employees working as foreign nationals. We did it right and never lost any employees to bad documents. So you did good and I have taken your training with me through 5 other companies and we are still doing it right and without worry.
PORK
I base that on your comment to me in an earlier email that the owner of your company had instructed you to 'leave the illegals alone' until the dust settles to see if they will get amnesty. But, it is a well published and well known fact that the hog industry, poultry, catfish and meat processing in general have led the country in the numbers of illegals discovered, rounded up and hauled away. Your industry (animal husbandry, meat processing and agricultural food processing) also leads the nation in employers being fined for knowingly using illegals. These are facts that cannot be disputed, not my opinion. Nor is this a personal attack on you or your employer. Just the facts PoRk, just the facts.
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
PORK
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
Breaking the law, I don't think so, using the law and the discrimination laws based on National Origins for the benefit of these Hispanic employees, may be the case. Sometimes we are caught between "a rock and a hard place", but when one follows the rules and guidelines of the government things seem to always work out for the best. I hope these 5 Hispanic families with their US Citizen children get their lives in order help our country to become an even greater nation.
PORK