FCA Article 4 - Child Support

Work Authorization & Employment

U.S. federal immigration laws will often place restrictions on or will prohibit employment of certain non-citizens.

  • Mandating employment is not always feasible. Working without authorization could undermine future immigration applications.
  • Mandated employment for certain non-citizen litigants who are restricted in employment could result in either non-compliance or unauthorized employment (i.e., which may trigger unintended immigration consequences).
  • Courts should make an effort to determine if employment restrictions exist prior to mandating employment (i.e., including assigning a “job log”).

Employer Obligations

  • Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States through the I-9 form and required documentation (e.g., US passport, LPR card, SS card, driver’s license).
  • Employers may face civil and criminal penalties if they violate the law.
  • No alien may accept employment in the United States unless they have been authorized to do so.