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Question
My friend has been working in an Office for 7 seven years being paid under the table.

His boss told him that she cannot do it anymore.

He does not have a permit to work and she knew about it when she hired him.

He never mention to her that he has a Social Security valid for work because he knew that it was not enough for her to put him in the books.

In 1990, when he tried to apply for a job in a Hotel, they told him that only the Social Security was not enough. He had to have a Green Card or a permit to work.

He decided to tell her that he has a Social Security valid for work and she said that she is going to put him in the books.

He does not want to lose his job but he does not want to give her any trouble either.

He is not sure if the Hotel Manager told him the truth or was just giving an excuse.

Is it true or she can hire him just with the Social Security valid for work?

Please, give me an answer.
I want to help him.
He is a hard work guy and deserve to keep his job but he does not want to lie to her and cause her any trouble.

Thanks,
Sandra

Answer
Hi,

A social security number is not enough to work legally.

The person must be authorized by the USCIS to work, and this is a lengthy process which begins through the filing of a PERM application: http://www.ows.doleta.gov/foreign/perm.asp

This is a very lengthy and cumbersome process. The employer, for example, has to advertise the position to U.S. workers and then file a report with the Dept. of Labor that qualified U.S. workers were not available, etc. The support of the employer throughout the entire process is critical. Moreover, even after successfully navigating PERM, there is no guarantee that your friend would be able to receive work authorization, since to do so requires that he be currently in legal status in the U.S. (such as visitor, student, etc.) and he is not in legal status in the U.S.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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