Employer Responsibilities When Hiring Foreign Workers

While there are many definitive advantages of hiring foreign workers, it is crucial for your organization to learn to navigate the associated challenges. Potential concerns are addressing potential cultural differences, enabling effective communication, and remaining compliant with immigration and employment laws. When all of these factors are taken into account and the workplace is managed well, diversity can significantly increase the quality of that workforce and create a successful organization that is ready for a globalized business landscape.

You need to be aware of and follow certain rules and regulations. These rules and regulations may differ from county to county. Here are some tips to help the hiring process run smoothly when it comes to foreign workers.

1. Compliance with Immigration Laws

·       Make sure that the foreign workers have proper legal authorization to work in this country. You may need to obtain copies of their work visas or green cards.

·       Make sure that the workers’ documents are legitimate and that they meet all requirements under immigration laws.

·       This also means following immigration laws closely, and keeping an eye out for any changes that may be put into place by local, state, or federal lawmakers.

·       Update employees concerning changes in immigration laws. Keep your employees informed and educated.

2. Practice Non-Discrimination Hiring Laws

·       Carefully research any anti-discrimination laws in your county. Make sure that you are treating foreign workers fairly and without prejudice in the hiring process.

·       Do not discriminate based on nationality, ethnicity, gender, sexual preference, or any other protected characteristic.

·       When in doubt, investigate the laws pertaining to discrimination so that you make sure you’re obeying the law.

3.  Working Conditions

·       Make sure to keep safe working conditions.

·       Also be sure to keep working conditions in compliance with federal and state regulations:.

§  Pay your employees minimum wage or the wage required under their work visa

§  Ensure your employees are working hours in compliance with government regulations

§  Familiarize yourself with other labor laws in your area , regarding fair and safe conditions.

4. Integration into the Workplace

·       Make sure that all of your foreign workers are sufficiently acclimated to the environment of the workplace.

·       Provide information to assist with this acclimation.

·       Share with your employees any relevant cultural and/or traditional customs.

·       Provide support services necessary to help your employees safely and comfortably integrate into the workplace.

5. Legal Financial Information

·       Make sure you are adhering to all tax laws that apply to hiring foreign workers.

·       Deduct and/or file the taxes that are appropriate according to the tax laws for your region.

·         Be careful to follow all social security rules and regulations.

6. Keep Accurate Records

·       Make sure to keep track of all documents submitted by your employees, as well as documentation of your own.

·       Create an accurate system of hiring, the process involved, and any information related to that employee.

7. Possible Language Barriers and Communication

·       Provide ways to usefully communicate with all of your employees-this could mean translation services or language and interpretation assistance.

·       Ensure effective communication.

8. Resources and Support

·       Provide assistance to your foreign workers. This could mean:

§  Help with finding housing options.

§  Showing them ways to engage in the community.

§  Help them be more involved with people and activities.

§  Addressing cultural challenges

9. Training and Orientation

·       Supply workers with the proper training.

·       Orientation is very important and should pertain to every aspect of the job so that there are no questions regarding responsibilities and duties.

10. Be Organized and Thorough with Work Permits and Visas

·       Make sure all permits are up to date.

·       Keep track of all permits and verify that they are in line with the legal restrictions of the area.

Familiarizing yourself with all of the rules and regulations on a county, state, and federal level is the most important thing you can do when you are hiring foreign workers. Failure to comply with all legal requirements, rules, and regulations can lead to serious repercussions. Any consequences to you after a violation will have very damaging effects on your reputation as a company and an employer.

Hurtubise Weber Law

If you have questions about how to adequately educate yourself on immigration law, work visas, hiring foreign workers, or any of these topics contact Hurtubise Weber Law. We have offices in the San Francisco and San Jose, however we operate fully virtually, and we can assist you wherever you are. From hiring, to communication, to following rules and regulations, to making sure visas and paperwork are in order, we can help you navigate the challenges of hiring foreign workers. For more information visit our website or call us at (415) 548-7067.