Can I Hire Employee with Irish Passport?
Question:
I am trying to hire someone with an Irish passport. Hiring an employee with Irish passport.
Answer:
This depends on whether the Irish passport holder has valid employment authorization.
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Preliminary Discussion:
What is the potential employee’s current immigration status?
- ESTA, B2 tourist, F1 student, J1 exchange visitor, permanent resident, etc.
Is the person eligible for employment authorization?
There are 3 categories of individuals eligible for employment authorization:
- Those authorized to work for any employer incident to status or circumstance;
- Those authorized to work for a specific employer incident to status; and
- Those who must apply for permission to work.
Those in the first and third categories must generally apply for an Employment Authorization Document (“EAD”) on Form I-765 as evidence of their authorization to work.
Those in the second category, i.e., authorized to work for a specific employer, do not require an EAD, as the I-94 authorizes employment.
A complete list of the classes of aliens authorized to accept employment is available (here).
Is the person eligible to change their nonimmigrant status?
In general, you may apply to change your nonimmigrant status if:
- You were lawfully admitted to the United States with a nonimmigrant visa;
- Your nonimmigrant status remains valid;
- You have not violated the conditions of your status; and
- You have not committed any crimes that would make you ineligible.
Individuals admitted in the following categories are NOT eligible to change their nonimmigrant status:
- Visa Waiver Program;
- Crew member (D nonimmigrant visa);
- In transit through the United States (C nonimmigrant visa);
- In transit through the United States without a visa (TWOV);
- Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa); and
- Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa).
Next steps:
If the Irish passport holder has valid employment authorization, the employer must:
- Complete Form I-9;
- Retain and store the Form I-9 for three years after the date of hire, or one year after employment is terminated, whichever is later; and
- Make the I-9 available for inspection by authorized government offices from the Dept. of Homeland Security, Department of Labor, or Department of Justice, if requested.
Important Reminders:
With limited exceptions, unauthorized work can result in the foreign national being deported for failure to maintain status. See INA 237(a)(1)(c) (here).
Further, “[i]f DHS or an administrative law judge determines that you have knowingly hired unauthorized noncitizens (or are continuing to employ noncitizens knowing they are or have become unauthorized to work in the United States), they may order you to cease and desist from such activity and pay a civil money penalty for each offense.” (here)
Questions About Hiring Foreign Worker
If you have questions about hiring a foreign worker in compliance with U.S. immigration law, contact employment based immigration lawyer, Dayna Lally, at [email protected]. Consultation fees apply.
Disclaimer: This blog article is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice, nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.
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Last Reviewed/Updated: 03/11/2024
