If you’re considering how to secure employment in the United States while undocumented, it may be crucial to address your immigration status. The issue of Undocumented Immigrants Find Job has been sensitive for years. While there are avenues to find employment in the U.S. without legal status, the focus should be on legalizing your situation rather than pursuing these options.

Way to find a job in the United States for undocumented immigrants

Working in the United States without proper documentation is against the law. Those who work without authorization face potential penalties, ranging from fines to deportation. Therefore, individuals seeking employment in the United States must first obtain the following:

• Possessing an Employment Authorization Document (EAD).
• Possessing a PERM work permit.
• Obtaining a Green Card or lawful permanent residence.

If foreigners meet any of these three requirements, they will be eligible to work legally in the country.

What Are the Legal Penalties for Hiring Illegal Employment?

Were you aware of the consequences of employing an undocumented immigrant? Both the worker and the employer are at risk of facing penalties for violating the law. Here are some potential consequences:

Penalties and Fines for Hiring Undocumented Immigrants

Both unauthorized workers and employers face substantial fines, which escalate with each violation:

• $250 to $2,500 for the first offense.
• $2,000 to $5,000 for each subsequent offense per unauthorized employee hired.
• $5,000 to $25,000 for each unauthorized employee hired if the employer has three or more offenses.

In certain instances, undocumented workers may pay an immigration bond to settle fines and prevent additional charges.

Deportation

If you misuse a visa to the United States by engaging in unauthorized activities, you may be subject to deportation proceedings.

For instance, if you enter the U.S. on a tourist visa and begin working, you are violating the visa’s terms, which are intended solely for temporary visits, not permanent residence or employment. Engaging in such activities could result in your deportation from the country.

The 3 And 10 Year Bars

The three- and ten-year bars prevent immigrants from re-entering the United States if they have accrued unlawful presence in the country. Furthermore, immigrants who engage in unauthorized employment in the U.S. on an incorrect visa could face a re-entry ban lasting up to 10 years.

These bars are significant deterrents aimed at enforcing immigration laws and ensuring compliance with visa regulations and terms of stay in the United States. They underscore the importance for immigrants to maintain legal status and adhere to the conditions of their visas to avoid severe penalties that could impact their ability to return to the United States in the future.

Understanding the Risks of Illegal Employment

Securing employment without proper documentation can be challenging, yet feasible. It’s advisable to prioritize legalizing your status before pursuing job opportunities.

Typically, undocumented immigrants often seek employment in:

Urban centers: Large cities attract a significant number of undocumented immigrants due to higher population density, which translates to more job prospects.

Small enterprises: Despite the digital age, undocumented immigrants frequently gravitate towards small businesses such as local shops, factories, or restaurants that actively seek and hire new employees.

Other Points That Undocumented Immigrants Should Consider

• Resume/CV: Immigrants are advised to have a resume before applying for jobs. If they lack one, they often seek assistance from career development centers.
• Work Experience: While lacking experience can present challenges, opportunities such as kitchen assistant, dishwasher, gardener, or salesperson roles are accessible for beginners.
• English Proficiency: Limited fluency in English can complicate job search efforts, though improving language skills is crucial, especially for legalizing one’s status. Utilizing resources like local libraries, high school classes, or immersing oneself among English speakers can be beneficial.

What Are The Jobs That undocumented Immigrants Usually Do?

Despite the illegality of obtaining employment in the United States without proper documentation, a significant number of immigrants persist in working without legal status. This is largely due to companies that hire undocumented workers.

Employers often hire undocumented immigrants because they can pay them lower wages compared to American workers. Common jobs provided to undocumented immigrants include:

• Community gardening
• Sewing and tailoring
• Laundry services
• Personal care
• Sales positions in various stores
• Home cleaning
• Car detailing

Although permits are legally required for these jobs, undocumented immigrants and some employers continue to disregard the severity of the issue.

Legalities of Hiring Undocumented Immigrants

Employing undocumented immigrants without a valid work visa or Social Security Number (SSN) is considered illegal under U.S. law. This requirement is in place to ensure that individuals working in the United States are legally authorized to do so, either through citizenship, permanent residency, or specific work authorization granted by the government.

Employers are required to verify the identity and work eligibility of all employees using Form I-9, which includes providing valid and genuine documentation. Acceptable documents include U.S. passports, Permanent Resident Cards (Green Cards), and Employment Authorization Documents (EADs), among others.

Penalties for hiring undocumented workers can be severe and include fines, sanctions, and legal consequences. These penalties are enforced by agencies such as the U.S. Department of Homeland Security (DHS) and the U.S. Immigration and Customs Enforcement (ICE).

Employers can face legal repercussions even if they unknowingly hire undocumented workers. It is essential for employers to adhere to federal employment laws and maintain accurate records to avoid violating immigration regulations and facing potential legal consequences.

Finding Jobs Without a Social Security Number

This situation is influenced by various factors. Undocumented immigrants might use illegal, falsified, or invalid Social Security Numbers (SSNs) to secure employment.

Additionally, some individuals may find jobs based on recommendations from family or friends, bypassing the need for documentation. However, engaging in employment without proper authorization, including an Employment Authorization Document (EAD), remains illegal and is not advisable under any circumstances.

Can I Hire An Illegal Immigrant With An ITIN Number?

The Individual Taxpayer Identification Number (ITIN) is specifically issued by the IRS for federal tax purposes and does not confer any legal authorization to work in the United States or change one’s immigration status. Here’s an expanded explanation:

1. ITIN Purpose: The ITIN is used by individuals who are required to file U.S. tax returns but are not eligible for a Social Security Number (SSN). It enables them to comply with tax obligations, such as reporting income earned in the U.S. and paying taxes on that income.
2. No Work Authorization: Having an ITIN does not grant any legal right to work in the United States. It is strictly for tax purposes and does not affect immigration status or provide employment authorization.
3. Legal Requirements for Work: To legally work in the U.S., individuals typically need to have proper work authorization, such as an Employment Authorization Document (EAD), a valid visa that allows employment, or U.S. citizenship or permanent residency status (Green Card).
4. Separate from Social Security Number: While an SSN is used for both tax and work authorization purposes, an ITIN is only used for tax reporting. It cannot be used to prove identity or eligibility to work in the U.S.
5. Immigration Status: Obtaining an ITIN does not influence or change an individual’s immigration status. It is solely a tool for tax compliance and does not affect one’s ability to apply for or change immigration status in the United States.

While an ITIN is essential for fulfilling tax obligations in the U.S., it does not provide any legal authorization to work or change one’s immigration status. Individuals must still adhere to U.S. immigration laws and obtain proper authorization if they wish to legally work in the United States.

Who Needs An Employment Authorization In The United States?

All non-U.S. citizen or non-lawful permanent resident employees must possess valid employment authorization. The process of obtaining an Employment Authorization Document (EAD) depends on your immigration status and eligibility for specific U.S. visas. Below, we will outline who is required to obtain employment authorization in the U.S.:

Temporary Workers

Immigrants with temporary employment visas are classified as temporary workers and will fall under one of the following visa categories:

1. H-1B Visa: For specialty occupations requiring specialized knowledge and a bachelor’s degree or higher.
2. H-2A Visa: For temporary agricultural workers.
3. H-2B Visa: For temporary non-agricultural workers.
4. L-1 Visa: For intra-company transferees who work in managerial positions or have specialized knowledge.
5. O-1 Visa: For individuals with extraordinary ability or achievement in their field.
6. P Visa: For athletes, artists, and entertainers who are performing in the U.S.
7. R-1 Visa: For religious workers.
8. TN Visa: For qualified Canadian and Mexican citizens under the North American Free Trade Agreement (NAFTA).

Each of these visas has specific requirements and limitations, and obtaining one typically involves a sponsorship from an employer and approval from U.S. immigration authorities.

Permanent Workers

Permanent workers can reside in the U.S. indefinitely as long as they remain employed by the same company or organization. To achieve this, they will need one of the following employment-based visas:

1. EB-1 Visa: For individuals with extraordinary abilities, outstanding professors or researchers, and multinational executives or managers.
2. EB-2 Visa: For professionals holding advanced degrees or individuals with exceptional abilities in the arts, sciences, or business.
3. EB-3 Visa: For skilled workers, professionals, and other workers.
4. EB-4 Visa: For special immigrants, including religious workers, certain broadcasters, and employees of international organizations.
5. EB-5 Program: For investors who make a substantial investment in a new commercial enterprise that creates jobs for U.S. workers.

Student

Students will be able to work while continuing with their studies, as long as they have: F-1 Visa. M-1 Visa. J-1 Visa. Exchange students who hold a J-1 visa will require additional documents for employment processing. This is because some can work, while others cannot. Call us and we will guide you on this topic.

Asylees And Refugees

Asylees and refugees can legally work in the U.S. if they meet the following conditions:

• Their Employment Authorization Document (EAD) has been approved.
• More than 150 days have passed since they filed their asylum application, and their case has not yet been decided.

TPS

Immigrants under Temporary Protected Status (TPS) can legally work in the U.S. as they may qualify to obtain an Employment Authorization Document (EAD). TPS is granted to individuals from designated countries experiencing conditions such as armed conflict, environmental disaster, or other extraordinary and temporary circumstances that prevent them from returning safely. Holders of TPS can apply for an EAD, allowing them to work legally in the United States for the duration of their protected status.

DACA

Individuals under the Deferred Action for Childhood Arrivals (DACA) program are eligible to apply for an Employment Authorization Document (EAD), allowing them to work legally in the United States. DACA provides temporary protection from deportation and work authorization for undocumented immigrants who were brought to the U.S. as children, provided they meet certain criteria. This program enables DACA recipients, often referred to as “Dreamers,” to obtain employment and support themselves while residing in the U.S.

NACARA

Immigrants under the Nicaraguan Adjustment and Central American Relief Act (NACARA) program must apply for an Employment Authorization Document (EAD) to work legally in the United States. NACARA provides specific benefits, including the ability to apply for lawful permanent residency, to certain individuals from Nicaragua, Cuba, El Salvador, Guatemala, and former Soviet bloc countries. To be eligible for legal employment, individuals under this program need to obtain an EAD, which grants them authorization to work in the U.S.

Domestic Or Personal Assistants

Foreigners who arrive in the United States accompanying an American citizen, lawful permanent resident, or another foreigner can obtain an Employment Authorization Document (EAD) if they meet the requirements for a type B-1 business visitor visa. The B-1 visa allows individuals to engage in business activities, such as attending conferences, negotiating contracts, or consulting with business associates, but it typically does not authorize employment. However, in certain situations and with proper authorization, accompanying individuals may be eligible for an EAD, allowing them to work legally in the U.S. if they fulfill all necessary criteria.

Citizens Fiancées

Individuals with a K-1 fiancé visa may apply for an Employment Authorization Document (EAD). The K-1 fiancé visa allows foreign nationals to enter the United States to marry their U.S. citizen fiancé(e) within 90 days. After the marriage, they can apply for adjustment of status to become a lawful permanent resident. To work legally during this period, K-1 fiancé visa holders can apply for an EAD. However, we recommend enlisting the help of our immigration attorneys to advise you on your eligibility and guide you through the application process.

Immigrants Pending Adjustment Of Status

Individuals with a pending application for adjustment of status in the United States may apply for an Employment Authorization Document (EAD). Adjustment of status refers to the process through which an eligible foreign national already in the U.S. can apply to become a lawful permanent resident (Green Card holder). During the period while their adjustment of status application is pending, applicants may seek employment authorization by filing Form I-765, Application for Employment Authorization, with the U.S. Citizenship and Immigration Services (USCIS). This EAD allows them to legally work in the United States while their adjustment of status application is being processed.

Immigrants Who Have Been Victims Of Crimes

Foreign crime victims can obtain an Employment Authorization Document (EAD) by applying for:

• T visa (for victims of trafficking or human smuggling),
• U visa,
• VAWA Visa.

How To Apply For An Employment Authorization Document (EAD)?

To apply for an Employment Authorization Document (EAD), it’s important to determine your eligibility first. Then, you’ll need to follow these steps:

1. Complete and file Form I-765 with USCIS.
2. Pay a fee of $470 if applying online, or $520 if applying on paper.
3. Submit any additional required information.
4. Attend your biometrics appointment for fingerprinting, photographs, and signatures.
5. Await the final decision on your application.

Sponsoring an Employee for Long-Term Employment in the United States

Employers seeking to hire a foreign worker may need to sponsor them for a work visa. If so, the employer must initiate the sponsorship process to request the foreigner as a permanent worker.

This process usually involves obtaining a labor certification and completing an ETA Form 9089. After receiving certification from the Department of Labor (DOL), it must be included in the sponsorship petition.

Frequently Asked Questions Regarding Undocumented Immigrants And Work