Employing an Undocumented Worker
An employer in Florida hired an employee, and asked her to provide documentation of her lawful presence in the U.S. After delaying, she admitted that she overstayed a visa, and is not authorized to work in the United States. She is a very promising employee, and the employer would like to give her a job while she straightens out her immigration situation. She is married and is trying to get a Green Card through her husband. Can the employer give her a job despite her being unlawfully present?
Re: Employing an Undocumented Worker
The employer cannot legally give her a job. She can apply for employment authorization documents (EAD) when she files her I-485 and, if granted, she will be authorized to work. If she does not seek EAD, or the petition is not granted, she will not be eligible to work until she is granted conditional permanent residency.