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Things to note while recruiting non-citizens
Though recruiting immigrant employees for business is cheaper as compared to the U.S. workers, yet the road to this situation is no smooth walk for the employer. The other likely benefits for the employers could be no requirement to arrange for proper training of the employees in dangerous on-site business for the workers' safety. The language becomes a great weapon for the employers who exploit the workers unfamiliarity with English language to make them work extra for no extra pay since they have no other option but to be dependent on the company for all their needs.
To prevent such exploitation of the non-citizens, the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) came into being to protect the seasonal farmers, agriculturists etc but this act is also not full proof and a few contractors are exempted from the same under certain constraints. The act ensures that these migrants are treated like their US counterparts. All the migrant employees should be handed the details about the job and work conditions on paper in the migrant's own language for better understanding.
The records of the migrant employee's payroll should be kept for a minimum of three years and a copy of each should go to the worker as well. The housing provided to agricultural workers should meet the guidelines set by the federal standards and should be certified. Also, the transportation provided to the non-citizen workers should be safe.
The following points must be considered by every employer before hiring any migrant for work in his business:
Check the legal aspects involved with the employee's migration. Whether the person has a green card or is not a U.S. citizen or is in the state illegally. A migrant without paperwork is an alien and can be deported as soon as caught.
How much is it possible in your capacity to ensure or commit long term employment to the worker since in the absence of same or financial support, the worker can be sent back to his native place.
What if the worker had brought his family along? His family would require proper house and sanitation facilities with educational access as well to survive in the alien environment. Health related issues and insurances are another concern for the family. The employer has to ensure the availability of these basic requirements for his employee and his family.
How much effort can you put to make your employee get familiar with the place, people, culture, language and facilities. This might require the employer to take the employee on tour of local places and introduce him to other people: migrants or otherwise so that he feels at ease. Arranging for his English education is another important part of the recruitment process.
Check that the worker doesn't have a criminal record or ensure that he has given up his dark side.
The worker's transportation is also your responsibility. The migrant employee might not have a license or a vehicle to commute and he is dependent on public transport and his employer for his travel needs. The government can also help in this regard and its advisable to inquire at the federal Department of Labor for details related to compliance regulations.
After considering all the pros and cons, and giving more priority to the employee's safety and security, any employer should make the decisions regarding their recruitment. The advantages like economical, cultural or social for the employer should take the backseat.