The term "continuing employment" in the context of immigration refers to the legal obligation of employers in the United States. Specifically, it means that once an employer hires an individual who is not a U.S. citizen, they must ensure that the individual remains authorized to work. If the employer knows that the employee has become unauthorized for work, continuing to employ them is unlawful.
This term is primarily used in immigration law. It is relevant in various legal contexts, including employment law and immigration compliance. Employers must adhere to federal regulations regarding the employment of non-citizens and ensure that they have the necessary documentation to work legally in the U.S. Users can manage aspects of this process using legal templates offered by US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
For instance, if an employer hires a foreign worker with a valid work visa, they must keep track of the visa's expiration date. If the visa expires and the employer is aware of it, continuing to employ that individual would be illegal. (hypothetical example)
The primary statute governing continuing employment is the Immigration and Nationality Act (INA), particularly 8 U.S.C. § 1324a. This law outlines the responsibilities of employers regarding the employment of non-citizens and the penalties for non-compliance.
| Term | Definition | Differences |
|---|---|---|
| Employment Authorization | The legal permission for a non-citizen to work in the U.S. | Continuing employment focuses on the employer's obligations once employment has begun, while employment authorization pertains to the employee's eligibility to work. |
| Unauthorized Alien | A person who is not legally permitted to work in the U.S. | Continuing employment deals with the employer's knowledge and actions regarding unauthorized aliens. |
If you are an employer, ensure you have proper documentation for all employees, especially non-citizens. Regularly check the work authorization status of your employees. If you find that an employee has become unauthorized, seek legal advice on how to proceed. For those needing assistance with documentation, US Legal Forms offers various templates that can help you manage these requirements effectively.
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