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  • Employer Sponsor

    I have an employee working for my company who we have found out that they are in the country illegaly. He has been working for our company for 10 years. I have heard there are ways to help him become legal if my company sponsors him, can anybody tell me the process (if there is one) to do this?

  • #2
    I have an employee working for my company who we have found out that they are in the country illegaly. He has been working for our company for 10 years. I have heard there are ways to help him become legal if my company sponsors him, can anybody tell me the process (if there is one) to do this?

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    • #3
      In a word, "No". If he isn't covered by an application under 245i, which ended in April 2001, then he (and you) are out of luck. In fact, you can't even sponsor him for H1-B, because he'd have to leave the country to get the visa, and would be subject to a 10-year bar.
      Of course, now that you know he's illegal, you're also opening yourself and your company up to liability.

      I'm not a lawyer, and I'm sure that if I'm wrong, someone will pitch in.

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      • #4
        Well to give you hope, there have been cases where people have worked illegally and the company they worked for were able to sponsor them. However in those cases, the employee had a legal status... F-1, J-1, etc. What status does the employee currently have? If he is "completely" illegal then there is no hope for him, however like i said, if he has a legal status, ex. he was an F-1 student and working, except INS checks his social security records, you may be able to sponsor him. Of course this is not legal advice neither do i advice it. The legal penalties includes a fine and even worse imprisonment of both you and the employee. Best of luck, a lawyer really wont help your case and the best bet for your employee is to get married.

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