Immigrants who come to the U.S. and want to live and work in the country on a permanent basis must obtain a Green Card, and some time later, a U.S. Citizenship and passport. In order to get a job for up to 3 years, or to do an internship in an American company, it’s not necessarily to get citizenship or green card. It is enough just to have a H-1B work visa, soon it is possible to change your worker visa status and apply for a Green Card through your employment in the United States.
There are several types of U.S. employment. Among the most widespread are: employee and independent contractor. It is important to know and remember that many employers are trying to reduce their costs, and therefore draw up workers in any other way with all the consequences in remuneration. This leads to misclassification and violation of U.S. law. Often, instead of an employee, the person is drawn up as an independent contractor. The main difference lies in the fact that the employee actually sells the employer his/her ability to work. Thus, the employee must work for the employer a certain number of hours per day or week, and carry out the orders of the employer. At the same time, employees have the entire social package: salary, social insurance, medical insurance, workers’ compensation insurance, pension plan, sick leave etc.
It is important to know and remember that many employers are trying to reduce their costs, and therefore draw up workers in any other way with all the consequences in remuneration. This leads to misclassification and violation of U.S. law.
Independent contractor works on itself, but at the same time, he/she shall pay the expenses related to his/her business.Therefore, if you are treated as an employee, and at the same time you are drawn up as an Independent contractor, there is the fact of misclassification. In this case, you should contact an employment law attorney.
There are other cases of misclassification. A non-exempt employee is drawn up as an exempt employee. In the U.S., the system of normalized working day largely dominates. A non-exempt employee is entitled to a minimum wage, 40 hours working week, as well as overtime pay and other advantages. The exempt employees (managers, part-time babysitters, home companions) do not have these advantages. In order to avoid overtime paying, employers can sometimes replace the position of the employee, for example, instead of being called “cashier”, the employee may be called the “assistant manager”, the position of “sales associate” may be replaced by “assistant shift supervisor”.
A non-exempt employee is entitled to a minimum wage, 40 hours working week, as well as overtime pay and other advantages.
So if you get a job, first of all you need to know whether you are working on a common basis in the United States or under the contract; in some cases, you can be fired legally, and in what cases you can argue of illegal dismissal. Do not be fooled, but if it has happened, without losing time contact an employment law attorney.