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What documentation does

an immigrant need to be hired?

You have three options.

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Hiring Lawful Residents

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Permanent Resident

The Permanent Resident Card, also known as the Green Card because of its color, means that an individual is fully authorized to work in the US without restriction.

 

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​Visit USCIS.gov for examples

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Stamp in Passport

Some may have applied for their Permanent Resident Card, but they are waiting to receive it. These individuals may still be eligible to work. Check their passport for the I-551 stamp.

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Visit USCIC.gov for examples

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Substantial Presence

No Green Card and no stamp? A person may still be eligible to work if they pass the Substantial Presence test. Basically, a person needs to have been in the US for a total of 183 days in the past three years. ​​

Visit IRS.gov for the exact formula 

Common Questions

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1

Filling out the tax forms looks complicated. How do I do that?

The IRS has provided a step-by-step video for filling out tax information for noncitizens. Check it out at irsvideos.gov. 

2

I want to hire someone who doesn't have a Green Card. What can I do? 

It is illegal to hire someone without work authorization, but as an employer, you can petition for them to receive a Green Card.

3

I'm unsure about a potential employee's status. What should I do? 

One way to verify a person's status and work eligibility is to visit E-verify.gov. This government website will help you determine someone's status.

Still wondering about completing the Form I-9 for noncitizens? 

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2023 by Kimberly Gardner. Proudly created with Wix.com

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