In our interconnected society, a diverse workforce enriched by talented individuals from across the globe is a modern business asset.
For employees who are not U.S. citizens, navigating life and work in the United States includes the legal requirement to carry specific personal documentation. While this is their personal responsibility, employers can foster a supportive atmosphere by helping employees understand these obligations and guiding them toward reliable information to avoid legal repercussions and workplace disruptions.
Generally, non-U.S. citizens must carry documents verifying their status, and it is ideal to carry original documents unless legal counsel advises otherwise. Documents may include:
- Lawful Permanent Residents should have their “Green Card” (Form I-551)
- Nonimmigrants, such as those on H-1B or L-1 visas, typically need their unexpired passport with the valid U.S. visa and their I-94 Arrival/Departure Record (often electronic)
So, how can employers provide support without overstepping?
Your primary role is to facilitate access to credible information. For example:
- During onboarding or via an internal HR portal, share links to official government resources like the USCIS and CBP websites.
- Gentle, general reminders about the importance of maintaining immigration documents can be woven into broader communications, always underscoring personal responsibility.
- If your company is directly involved in an employee’s work authorization (e.g., an H-1B visa), proactively managing timely renewals with the employee and legal counsel is a significant, indirect support.
- Foster an open and inclusive culture and ensure HR and managers are sensitive to the challenges international employees may face.
- If your company offers access to legal counsel for employment-related immigration, ensure employees know how to use this.
Support is critical, especially right now, but it’s vital for employers to respect boundaries. Your Form I-9 process verifies work authorization, however:
- Do not ask to see the personal documents employees carry daily.
- Refrain from interpreting immigration law or giving specific document advice unless you are a qualified attorney.
- Always direct employees to official sources or their own legal counsel.
- Ensure any information or support is offered equitably, avoiding any perception of profiling based on nationality or immigration status.
By thoughtfully providing access to information and fostering a supportive environment, employers can empower their non-U.S. citizen employees. This approach not only benefits individuals but also strengthens the organization by contributing to a more stable, engaged, and well-cared-for workforce.
If you have questions about how to support your international employees, contact us here.