Immigration Issues/Background Check


I have hired a temporary employee/contractor as a teacher in my company. She had a work permit and she graduated from a college here in the U.S., but then had a baby and let her work permit lapse. She currently wants to acquire a temporary Visa, but at this time, is saving up for the cost.

She possesses a picture I.D. (valid driver's license) and a Social Security number. I require a social security number from my employees, but not that they produce a card. I have two questions:

1) Can she go and be fingerprinted and have a background check, or would this reveal her current residency status?

2) Have I done all that I need to do as an employer in hiring her?

Thank you in advance!

Dear Gwen,
The question seem to be related to employment issue and not immigration issue; however, to my understanding:

1) shouldn't be a problem for a background check but yes, may have status problem.

2) Seems so, but please review:

Best wishes,  

Immigration Issues

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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