Someone, who is out of status, is hired without been asked to show proof of been allowed to work, without been asked to fill out the work verifiation form at all or properly therefore the employee did not technically misrepresent his or herself when hired. After applying for change of status, the employee obtains a valid work premit. It is my understanding that it is the employer's responsability to ensure that all the paperwork and Ids are checked and filed properly, and the information in such paperwork (such as expiration dates) should be updated and/or corrected by the employer; it is the employer who must ask from the employees the proper documentation. Is the employee, who is now allowed to work, required to show his or her new permit to the employer eventhought he or she did not misrepresent the facts in the first place? Should he or she risk loosing a good job by coming clean about something he or she did not technically lie about. The employer was obviously negligent. Can the employee just keep it to him or herself and not worry about it since he or she is now working legally and did not lie to the employer.
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Important EAD question
- Thread starter AL123
- Start date
running_swede
Registered Users (C)
Did that someone pay taxes on his/her earnings? That is ultimately the employee's responsibility.
I-9 Requirement for Employers
The Employer can only check for documents to fill an I-9 . They are not required to check the authenticity of documents , within reasonable doubt. Remember , Employers are not Immigration document experts . As a matter of fact , there is only a test program on a voluntary basis for employers to check these documents . They are, however required by law to report your taxes . It is your responsibility to update your employer on your immigration status .With a EAD in hand , you can change your status with your employer . You were working when you were out of status and that cannot be changed .
It is also correct to say that Employers must update the I-9 document. They have not done their part in filling an I-9 form ( They will get away with just a fine ($$) or a slap on the wrist ) . You stand to loose much more . What did your application say ? Was there any question on your legal status , work permit etc ?
The Employer can only check for documents to fill an I-9 . They are not required to check the authenticity of documents , within reasonable doubt. Remember , Employers are not Immigration document experts . As a matter of fact , there is only a test program on a voluntary basis for employers to check these documents . They are, however required by law to report your taxes . It is your responsibility to update your employer on your immigration status .With a EAD in hand , you can change your status with your employer . You were working when you were out of status and that cannot be changed .
It is also correct to say that Employers must update the I-9 document. They have not done their part in filling an I-9 form ( They will get away with just a fine ($$) or a slap on the wrist ) . You stand to loose much more . What did your application say ? Was there any question on your legal status , work permit etc ?
I don't know how you can blame it all on your employer when you very well knew that you are not eligible to work and yet sought and received employment and your employer only paid you for your work. I think you are also guilty in the eyes of the law. Just the fact that you sought employment while you knew that you were not eligible makes you also guilty in however small a measure.