Legal Question in Immigration Law in Utah

Re: Immigrant work permits

As a general rule, the requirement to validate employment authorization only applies to new hires, not existing ones. If the employment has been continuous, then the employer's threat to terminate an existing employee may be considered illegal discrimination. The Office of Special Counsel for Immigration Related Unfair Employment Practices ("OSC") in the U.S. Department of Justice ("DOJ") investigates charges of discrimination arising out of employment eligibility verification practices. They can set the employer straight. They can certainly clarify the respective rules for the benefit of the employee (and yourself as an employer). The have hotlines that are posted here: www.usdoj.gov/crt/osc/

This said, the non-citizen may have other problems caused by working without authorization or remaining in the US past the date of authorized stay that may prevent obtaining a green card or other visa in the future. A consultation with a qualified immigration attorney should be undertaken immediately.

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