Photo provided by Cytonn Photography on Unsplash

The process for hiring immigrants who have legally obtained permission to work in the United States is complicated and sometimes confusing for businesses to navigate.

“North Kentucky is the economic engine of our state,” said Northern Kentucky Area Development District Associate Director of Workforce Development Correy Eimer. “We have a lot of great jobs available, but just not enough willing and capable workers currently to fill those positions, and without immigration, our demographics would be stagnant if not going in the wrong direction.”

So, what do you need to know if you want to hire an immigrant for your business?

Eimer delivered his remarks at a special event related to hiring immigrants at the Covington location of the Kentucky Career Center on Thursday. The event went over some basic information about immigrants in Northern Kentucky and offered tips and resources for people wanting to navigate the complexities of visa requirements, various kinds of residential statuses as well as what to do when interacting with federal immigration authorities.

“What we’ve seen is our employers are a little bit intimidated by this entire process,” Eimer said. “The employers don’t exactly know how to successfully get non-U.S.-born citizens into their workplace.”

The event began with a presentation from Bryan Wright, the executive director of Cincinnati Compass, an organization that advocates for more economic opportunities for immigrants in the Greater Cincinnati Region, including Northern Kentucky. Wright discussed demographic trends and other data related to the local immigrant population.

“We know that immigrants and refugees are driving population growth in the region…,” Wright said. “We know that job growth is outpacing population growth, so we have to get the talent from somewhere, right? Yes, we can pull from Nashville and Indianapolis and Austin, Texas, but they’re doing the same strategy as we are. So, we still need to bring people from outside the U.S., whether it’s through universities, like NKU and Gateway, or through employers.”

Various data points related to immigrants in Greater Cincinnati and Northern Kentucky. Data provided | U.S. Census Bureau. Slide provided | Cincinnati Compass
Foreign-born workforce as broken down by economic sector. Data provided | Cincinnati Regional Chamber Center for Research & Data. Slide provided | Cincinnati Compass
Share of the foreign-born population in cities in the Greater Cincinnati and Northern Kentucky regions. Data provided | U.S. Census Bureau. Slide provided | Cincinnati Compass

“We know that we want to continue to grow the foreign-born population because in the region, they hold a household income of $4.3 billion that can be reinvested back into the community,” Wright said, pulling from census data, “and also have total spending power of $2.1 billion to contribute nearly $400 million in state and local taxes.”

The second speaker was Mayra Jackson of the Immigrant & Refugee Law Center, which provides legal services to immigrants and refugees. Jackson herself is an immigrant, having migrated from Peru.

Besides talking about the services of the center, Jackson discussed different kinds of visas, the process for obtaining permission to work, how employers can stay compliant with federal immigration law and, eventually, what an employer should do if contacted by Immigration and Customs Enforcement, or ICE.

It’s not always easy for employers to keep track of everything necessary to stay compliant with federal immigration and labor law, but she recommended employers do their due diligence before letting immigrants go prematurely if they have problems with their papers. She also recommended employers call the Department of Justice’s Immigrant and Employee Rights hotline (listed at bottom) with questions.

  • A work permit for an immigrant who’s been granted temporary protected status. Image provided | Immigrant and Refugee Law Center
  • Papers for a permanent resident, known more commonly as a ‘green card.’ Image provided | Immigrant and Refugee Law Center
  • DACA work permit. Note the category field. Image provided | Immigrant and Refugee Center
  • A federal I-94 card with an asylum status stamp. Image provided | Immigrant and Refugee Law Center

When it came to ICE, Jackson emphasized the agency needed a warrant before they could search the private areas of a property (this is not true to public areas like front lobbies).

She also pointed out the difference between a search warrant signed by a judge, which grants them permission to search private spaces, and a deportation order, which grants them power to make an arrest but not to search private spaces on private property. Deportation orders are usually signed by an immigration officer or other agency functionary, rather than a judge. Generally speaking, court-issued search warrants carry more power than ICE-issued deportation orders.

A search warrant as issued by a court of law with relevant fields labeled. Click for larger image. Image provided | Immigrant and Refugee Law Center
A deportation order as issued by ICE with relevant fields labeled. Click for larger image. Image provided | Immigrant and Refugee Law Center

“When we’re talking to our clients: Do not open the door to anybody,” said Jackson. “If they say that they have a warrant, ask them to show you the warrant – like put it underneath the door or to put it on a window- but do not open the door because the moment you open the door, you are allowing them in your house.”

You can learn more about the work of the Kentucky Career Center, Cincinnati Compass and the Immigrant and Refugee Law Center at the links below. The phone number for the department of Justice’s Immigrant and Employee Rights hotline is listed below, as well.