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Lookup Immigration Status and Citizenship

Lookup Immigration Status and Citizenship

Lookup Immigration, Citizenship, Greencard or Permanent resident status, various employment Visas such as H1B, H1B1, H2A, L2 and student visas such as F1, J1 status of individuals in the USA. Lookup Immigration or citizenship status through your search criteria and public resources. This is not a substitute for official Verification of Federal I-9 form requirements for employers or other such mandates. Depending on many variables there may be no one magic listing or answer to lookup immigration or citizenship status. Background of Federal I-9 form requirements: For new hires all U.S. employers have to fill out federal I-9 forms that document applicants' Social Security numbers and permits to work in the U.S. These documents must be saved for at least three years. Ignoring these steps or knowingly hiring an illegal worker can have a penalty as high as $10,000 and six months in prison. Even accidental errors in filling out or filing I-9 forms can cost the employer $110 to $1,100 for each affected employee. In the United States of America The Immigration Reform and Control Act (IRCA) of 1986 was signed into law by President Reagan and it requires that employers may hire only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). Employers must keep each I-9 on file for at least three years, or one year after employment ends, whichever is longer. Employers who fail to properly complete, retain, and present for inspection the form I-9 as required by law may face civil fines of not less than $100 and not more than $1,000 for each employee for whom the form was not completed or retained. Employers found to have required a bond or indemnity from an individual against liability under the new law may be fined $1,000. Employers determined to have knowingly hired unauthorized workers may be fined as follows: First Violation. Not less than $250 and not more than $2,000 for each unauthorized worker. Second Violation. Not less than $2,000 and not more than $5,000 for each unauthorized worker. Subsequent Violations. Not less than $3,000 and not more than $10,000 for each unauthorized worker. Engaging in a pattern or practice of knowingly hiring, recruiting, or referring unauthorized workers for a fee could subject employers to additional fines of up to $3,000 per worker and/or 6 months imprisonment. Criminal sanctions will be reserved for serious or repeated violations. There are many states and local jurisdictions in the USA that mandate verification of immigration status before hiring any individual.

The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability, using the H-1B nonimmigrant visa classification. The H-1B1 program applies to employers seeking to hire nonimmigrant aliens from Chile and Singapore as workers in specialty occupations.

The Immigration and Nationality Act (INA) allows employment of alien workers in certain specialty occupations (generally those requiring a bachelor's degree or its equivalent). Alien workers such as engineers, teachers, computer programmers, medical doctors, and physical therapists may be employed under the H-1B visa classification, as may fashion models of distinguished merit and ability. The INA sets forth certain prerequisites for employers wishing to employ H-1B and H-1B1 nonimmigrant workers. To obtain H-1B or H-1B1 status approval, the employer must first file a Labor Condition Application (LCA), Form ETA 9035 or Form ETA 9035E, with the Department of Labor. The employer must state that it will: Pay the nonimmigrant workers at least the local prevailing wage or the employer's actual wage, whichever is higher; pay for non-productive time in certain circumstances; and offer benefits on the same basis as for U.S. workers; Provide working conditions for H-1B or H-1B1 workers that will not adversely affect the working conditions of workers similarly employed; Not employ an H-1B or H-1B1 worker at a location where a strike or lockout in the occupational classification is occurring, and notify the Employment and Training Administration (ETA) of any future strike or lockout; and On or within 30 days before the date the LCA is filed with ETA, provide notice of the employer's intent to hire H-1B or H-1B1 workers. The employer must provide this notice to the bargaining representative of workers in the occupation in which the H-1B or H-1B1 worker will be employed. If there is no bargaining representative, the employer must post such notices in conspicuous locations at the intended place(s) of employment, or provide them electronically.

Employers may not import a foreign worker under an H-2A visa unless they have applied to the Employment and Training Administration (ETA) for certification that: (1) there are not sufficient workers who are able, willing, qualified, and available to perform the work; and (2) the employment of foreign workers will not adversely affect the wages and working conditions of similarly employed workers in the United States. To receive a timely determination, an employer must apply for a temporary labor certification at least 45 days before the date of need. The employer should file the application with both the appropriate ETA office and the office of the State Workforce Agency (SWA) serving the geographic areas where the foreign workers will be employed.

The regulations of the U.S. Citizenship and Immigration Service (USCIS), 8 CFR Part 214.2(h)(6), apply to employers who wish to import temporary nonagricultural workers classified under Section 101(a)(15)(H)(ii)(b) to work in temporary jobs in the United States. Section 214(c)(1) of the Immigration and Nationality Act (INA) requires the Department of Homeland Security (DHS) to consult with the Department of Labor before determining whether any worker can be admitted under Section 101(a)(15)(H)(ii)(b). Section 214(g)(1) of the INA provides that the number of aliens during any fiscal year who can be issued visas or provided nonimmigrant status under Section 101(a)(15)(H)(ii)(b) cannot exceed 66,000. "Returning workers" who counted toward the H-2B cap in prior years are excluded from the cap from October 1, 2004 through September 30, 2006. USCIS regulations require that employers who file H-2B petitions with the USCIS (except for temporary employment on Guam) must include a certification from the Department of Labor stating that qualified workers are not available in the U.S. and that the foreign worker's employment will not adversely affect wages and working conditions of similarly employed U.S. workers. If the Department of Labor notified the employer that certification cannot be made, the employer may submit countervailing evidence to USCIS. To obtain certification, employers must file applications for certification of temporary nonagricultural jobs on Part A of an Application for Alien Employment Certification, Form ETA 750, with the State Workforce Agency (SWA) serving the geographic area where the alien will work. To receive a timely determination, the employer should apply at least 60 but no more than 120 days before the workers are needed. The employment for which certification is requested must be for less than one year, and the need for the service or labor shall be a one-time occurrence, seasonal need, peak load need, or intermittent need. General Administrative Letter No. I-95, dated November 10, 1994, (amended by General Administrative Letter No. I-97 Change 1, dated December 22, 1997) states the requirements for obtaining temporary nonagricultural labor certifications.