What legal procedures must be followed when hiring Chinese citizens as employees?
When hiring Chinese citizens as employees, there are certain legal procedures which must be followed in North Carolina. First, the employer must obtain the proper visa and other documents from the United States Citizenship and Immigration Services (USCIS) in order to hire a foreign worker. The employer will need to sponsor the Chinese citizen by applying for an H-1B visa, or an L-1 visa if the citizen plans to work in the U.S. for extended periods of time. The employer must also ensure that they adhere to the Fair Labor Standards Act, as well as any applicable state and local laws. Once the documentation is obtained, the employer in North Carolina will need to register with the North Carolina Department of Revenue to obtain a withholding allowance certificate and a business license or permit. The employer will also need to provide the Chinese employee with an I-9 form which must be completed and given to the employee by the employer. In addition, the employer must comply with state and federal laws related to taxes, wages, and employment discrimination. For example, employers must take steps to prevent discrimination in the workplace based on race, color, religion, gender, national origin, age, disability, or any other protected class. Employers must also pay wages that are in accordance with the minimum wage and overtime laws. Finally, it is important to note that the employer must keep detailed records and documents related to the employment of the Chinese citizen, as well as provide the Chinese employee with a copy of their employment contract. Following all of these procedures will ensure that the employer is properly complying with both state and federal laws when hiring employees from China.
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