What are the laws governing the hiring of foreign workers?

In Texas, employers must abide by federal laws from the U.S. Department of Labor when hiring foreign workers. The Foreign Labor Certification Program establishes requirements for foreign labor hiring. The Labor Certification Program is designed to ensure that employers first make an effort to hire U.S. workers prior to hiring foreign workers. To hire a foreign worker, employers must submit a request for labor certification to the U.S. Department of Labor. Additionally, employers must pay the prevailing wage for the occupation in which the foreign worker is being hired. Depending on the visa classification of the worker, employers may also be required to pay a prevailing wage plus fringe benefits. If the position is in a specialty occupation, employers must obtain a Labor Condition Application approval from the Department of Labor. The application must also demonstrate that the foreign worker will not adversely affect conditions of U.S. workers in the same job. Employers should also be aware of any applicable state laws regulating the hiring of foreign workers. For example, in Texas, employers must comply with the Texas Payday Law, which outlines the payment of wages and the timing and frequency of payments. Overall, it is important for employers in Texas to thoroughly understand the applicable laws and regulations for hiring foreign workers prior to the hiring process. By doing so, employers can ensure they are in compliance with all applicable laws and requirements.

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What are the laws governing the hiring of foreign workers?

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