California Business Immigration Laws
Posted by Courtney
Hello and welcome. I hope I can give you some help in understanding California Business Immigration Laws, though like many states, California leans heavily on federal rules for certification of alien workers, and for other immigration/naturalization issues.
With that in mind, there are some California laws that specifically address immigrant rights and responsibilities, such as the rules under the Department of Industrial Relations that provide all protections and rights to individuals employed in California regardless of their immigration status. Even here, the worker’s immigration status is “irrelevant” and will not be investigated except to comply with federal immigration law, a California regulation that has been in effect since January 2003.
The state’s Department of Labor Standards Enforcement (DLSE) maintains a licensing program for farm labor contractors that are designed to keep track of employers who use short term, seasonal and temporary labor. This agency issues licenses to farm labor contractors, talent agents, employers, transporters, and others and maintains verification of farm labor, contractor licenses.
DLSE is part of the initiative that was established in the past year as the Economic & Employment Enforcement Coalition, a cooperative effort of state and federal agencies to educate business owners and workers on employment, labor, and licensing at both the California and United States levels.
One of the targets of this program is the “underground” economy of unreported workers and business income that Governor Arnold Schwarzenegger’s office feels is undermining the state’s economy. As time goes on, representatives from the Division of Labor Standards Enforcement, OSHA, United States Department of Labor, and others will put investigators into the field to try to enforce existing state and federal regulations.
A preliminary search for help in this area led me to the California Business Portal and an explanation of what an “immigrant consultant” must do under California law. Keep in mind that there are requirements in this state for specific businesses to maintain a surety bond with the Secretary of State’s office. One of these businesses is the immigration consultant, who specializes in immigration-related matters but is not a lawyer. An immigration consultant’s clients can be either a business or a worker. The state will provide a list of immigration consultants who have a bond on file.
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