Alien Employees

It is also important for employers to be aware of prevailing wage structures for positions that may be filled by alien workers. By law, employers are required to compensate immigrant workers at roughly the same levels that non-aliens in the same positions and in the same geographic region earn. These laws were passed so that alien employees would be fairly compensated for their work. Businesses that neglect to meet minimum standards of compensation may be assessed fines and penalties by the DOL. Small business owners seeking "prevailing wage" information can contact their state's Bureau of Employment Services or secure a wage survey compiled by an authoritative source, such as an employment agency.

Small business owners also have to make certain that they file all the appropriate documentation before hiring an alien employee. An alien's visa application can be approved by the INS only after his or her would-be employer has filed the appropriate forms with the DOL. A Labor Certification Application is the most common one for employment-based visa classifications, while Labor Condition Applications are used for professional applicants, such as attorneys and doctors. Presuming that the application is approved, the employer may then proceed with the visa application. Visa applications can be filed with the nearest regional INS office. "It's mandatory that you include documentation, such as a diploma, verifying that the employee has the necessary educational requirements and is otherwise qualified for the position," wrote Reid. (The INS also will accept work experience in lieu of a degree in a particular field as long as the candidate proves that he or she has achieved a certain level of general education or technical expertise.) "The INS will review the visa application and the supporting documents for accuracy. Depending on the type of visa application, the INS review process can take anywhere from one to six months." Finally, small business owners should be aware that Labor Certification and Labor Condition Applications have to be revalidated every two years.

Illegal Immigration Reform and Immigrant Responsibility Act of 1996

This legislation, which included new sanctions for companies found in violation of alien labor regulations, should be consulted before making any hiring decisions regarding alien workers. Basically, the law states that American employers have to make sure that all of their employees are eligible to work in the United States when they begin their work. Immigration experts recommend that businesses conduct an INS Form I-9 audit to make sure that they are in full compliance with all pertinent immigration laws. Such audits not only help employers meet all legal obligations, but also may be regarded as evidence that they made good-faith attempts to follow employer verification requirements.

ALIEN EMPLOYEES AND AMERICAN CULTURE

Business owners who hire alien employees also may face challenges outside of the legal realm. Managing a culturally diverse work force can be a difficult process at times, although successful integration of people from different cultural and ethnic backgrounds can be a tremendously rewarding experience for a business on a wide range of levels, both socially and economically.

One key to creating a strong multicultural environment in the workplace is anticipating the difficulties that alien employees sometimes have with various aspects of American culture. Depictions of American culture are commonplace around the world, but as any American viewer can tell you, these depictions are often exaggerated or slanted, and they may provide aliens with fundamentally erroneous impressions of life in the United States. And, of course, immersion into any society, let alone one as complex and fast-moving as America's, can be a disorienting experience.

There are myriad aspects of life to which alien employees will have to adjust themselves, including a new language in many cases, recognition of the regional dialects, a new culture, different ways of shopping, banking, obtaining medical attention, commuting, to name but a few.

Another difficult adjustment for non-Americans has to do with socializing and a sense of community. If work interactions do not lead to corresponding social interactions, alien employees may view it as rejection. "One barrier to acceptance for international employees is the failure to follow U.S. workplace culture," one business consultant told Carla Joinson for her HR Magazine article on the subject. "For instance, in a brainstorming or solution-oriented meeting, it is our way to jump in, talk and solve the problem. However, folks from other cultures may feel this is a waste of time because we haven't thought it all through and are throwing out various solutions that may not work. We then say, 'What's wrong with them? Why don't they speak up?' Then, there's a domino effect: They get invited to meetings less and less." In addition, "inpat" employees may also struggle to adjust to the so-called "benefit gap" that exists between the United States and many other countries in such realms as annual paid vacation, length of lunch hour, and subsidies for commuting costs.

Experts agree that business owners who want to ease the transition for alien employees into the American workplace (and the larger community) can do so by establishing a system of education, mentoring, and training. "Companies that do a good job of accommodating diversity and are willing to locate and use specialized expertise find that the addition of international workers adds to their success," stated Joinson.

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