Bringing international professionals to work for your US nonprofit offers numerous advantages. These professionals bring diverse perspectives, specialized knowledge and a global network, which can enhance your organization’s reach and impact.
However, immigration law can be complex. It is crucial to comply with employer immigration requirements to avoid legal issues and maintain a good reputation.
Verifying employment eligibility
As a nonprofit, you must comply with the Immigration Reform and Control Act of 1986 (IRCA), just like for-profit entities. You must complete Form I-9 for all new hires, including international employees, to verify their identity and work authorization.
Make sure to maintain accurate and complete I-9s. Failure to do so can result in fines and disrupt the overall workflow of your organization.
Managing sponsorship responsibilities
If you are sponsoring foreign professionals, you need to follow specific requirements. For H-1B visas, you will have to file a Labor Condition Application (LCA) with the Department of Labor. This is a way to certify that your organization offers fair wages and working conditions. You must also maintain detailed public access files and comply with H-1B dependent employer rules if applicable.
Adhering to anti-discrimination provisions
The Immigration and Nationality Act (INA) prohibits discrimination based on citizenship status or national origin, unfair documentary practices during I-9 verification and retaliation against employees asserting their rights. You must comply with the INA and ensure equal treatment of all employees.
Implementing effective compliance strategies
You can enhance your immigration compliance by implementing strategies, such as:
- Developing a comprehensive immigration policy
- Providing regular training of HR staff on immigration laws and internal policies
- Conducting periodic internal audits of I-9 forms and public access files
With the intricacies of immigration law, professional legal guidance is highly recommended. An experienced immigration attorney can provide tailored advice to help your organization remain in full compliance with all relevant laws and regulations. This proactive approach can save you from costly mistakes and legal complications in the long run.
In conclusion, navigating employer immigration requirements as a nonprofit requires diligence and attention to detail. By understanding your obligations and seeking professional guidance when needed, you can successfully bring international talent on board while minimizing legal risks.