Immigrants make vital contributions to our economy. According to data from the Bureau of Labor Statistics (BLS), immigrants currently make up approximately 18.6 percent of the American labor force. The Economic Policy Institute (EPI) notes that there are around 32 million immigrants who are employed in the U.S. The share of employees who are immigrants is even higher in Las Vegas.
Immigration status can have a huge impact on your employment law rights in Nevada. At Ace Law Group, we want to make sure that you are fully prepared for what to expect. Here, our Las Vegas employment law attorneys explain the key things to know about the impact of immigration status on employment law rights in Nevada.
You Need Authorization to Work in the United States
The United States has a free market economy. That means free labor. Workers can move around and accept different positions. You do not need to be from Las Vegas to take a job in the city. However, you do not have legal authorization to be eligible to work in the United States. It is a key requirement that all immigrants should be aware of. Natural born citizens do not have to worry about work authorization. However, immigrants do. You can obtain authorization to work in the U.S. based on any of these three categories:
- U.S. Citizenship: American citizenship comes with a number of different benefits. Among them is the unrestricted right to work in the United States, including in Nevada. As a citizen, one can be employed in any job—including those requiring security clearances or designated as “U.S. Citizens Only.” Citizens do not require work permits or employer sponsorship. As an immigrant, obtaining citizenship involves naturalization. You can apply for citizenship if you have been a permanent resident (usually for five years), pass a citizenship test, and demonstrate proficiency in the English language and U.S. history.
- Green Card: Holding a Green Card means you are a permanent resident of the United States, which allows you to live and work indefinitely in the country without the need for an additional work permit. Green Card holders can work in any job, start businesses, and are protected by U.S. labor laws. However, some jobs restricted to U.S. citizens may not be available to Green Card holders. Still, as a Green Card holder you can apply for and accept virtually all types of jobs in Nevada.
- Work Permit: A Work Permit, or Employment Authorization Document (EAD), is required for non-citizens who are temporarily in the U.S. and eligible to work. EADs are generally granted to those who have pending immigration status adjustments, specific visa holders, and students on practical training programs. The EAD is a laminated card that contains vital information, including the person’s name, photo, and work eligibility expiration date. You must have the right EAD for the specific job position that you are applying for.
The employment of unauthorized immigrants is a serious offense. An employer that hires workers without immigration status to take a job in the United States could face a wide range of different sanctions. Many of these cases are handled with civil financial sanctions against the business or organization. However, beyond that, it is a federal crime. Under 8 U.S. Code § 1324a(h)(3), knowingly hiring, recruiting, or continuing to employ an unauthorized immigrant could lead to criminal charges.
Know the Protections from Unlawful Discrimination Based On Immigrant Background
Immigrants who are eligible to work in Nevada have the right to fair and equitable workplace opportunities. Title VII of the Civil Rights Act and Nevada Law provide protections to employees who are of immigrant backgrounds. Employers with 15 or more workers are prohibited from engaging in the following discrimination in Nevada:
- National Origin Discrimination: National origin discrimination is a type of discrimination that happens when employees—or job applicants—are treated less favorably than similarly situated workers or job applicants because they are from another part of the world. It can also occur because of discrimination because of their ethnicity or accent. Notably, a worker is protected against national origin discrimination if they appear to be part of a certain ethnic background even if they are not. The law prohibits national origin discrimination on the basis of hiring, promotion, and termination. If you were the victim of national origin based discrimination due to your actual or perceived status as an immigrant, our Las Vegas employment lawyers will protect your rights and your interests.
National origin discrimination can take many different forms. For example, an employer in Las Vegas that requires an “English-Only” rule in the workplace may commit an act of national origin-based discrimination unless they can prove that such a rule is actually necessary for conducting business. Along the same lines, a job applicant or employee treated less favorably based on his or her accent may have a claim for national origin discrimination.
How Our Las Vegas Employment Lawyers Can Help
Ace Law Group is a boutique law firm that puts the rights and interests of employees first. If you are an immigrant with any specific questions or concerns about your workplace rights, we are here to help you navigate the complexities of the law. Our verdicts and settlements in complex claims explain what we can do to protect our clients. Our firm represents immigrant employees in the full range of employment law matters, including in national origin discrimination claims.
Contact Our Las Vegas Employment Lawyer for Immigrants Today
At Ace Law Group, our Las Vegas employment attorney has the skills and experience to represent immigrant workers across a full range of workplace matters. If you have any questions about your rights as an employee who is an immigration, please do not hesitate to contact us today for a fully confidential initial consultation. With a law office in Las Vegas, we provide employment law representation to workers in Clark County and throughout the State of Nevada.
**Note that we are not an immigration law firm nor do we practice immigration law. We are employment lawyers who help employees with employment law-related matters.