When it comes to immigration and work eligibility in the U.S., the U.S. Citizenship and Immigration Services (USCIS) is the key player. If you hire workers who aren’t U.S. citizens, or if your business relies on temporary or specialized foreign talent, you’ll likely interact with USCIS—directly or indirectly.
For employers, understanding what USCIS does is essential for staying compliant and building a workforce that’s both legal and reliable.
What USCIS does
USCIS is part of the Department of Homeland Security (DHS). Its mission is to oversee lawful immigration to the United States. Unlike Immigration and Customs Enforcement (ICE), which handles enforcement, USCIS handles applications and benefits.
Some of its main functions include:
- Processing applications for green cards (lawful permanent residence)
- Granting citizenship through naturalization
- Approving or denying work visas (like H-1B, H-2B, and L-1)
- Issuing Employment Authorization Documents (EADs) for eligible noncitizens
- Overseeing programs like DACA (Deferred Action for Childhood Arrivals)
- Managing the E-Verify system employers use to confirm work eligibility
Why USCIS matters to employers
If you hire employees who aren’t U.S. citizens, USCIS rules affect you. Work authorization—whether through a visa, green card, or EAD—comes from USCIS. That means:
- Visa petitions (like sponsoring a skilled foreign worker on an H-1B) go through USCIS.
- Employment authorization documents must be valid for noncitizen hires to legally work.
- E-Verify, a system linked to USCIS databases, confirms identity and eligibility after you complete Form I-9.
In other words, USCIS is the gatekeeper for legal work authorization.
Common employer challenges with USCIS
- Complex visa processes: Sponsoring workers often involves detailed petitions, deadlines, and caps.
- Document tracking: Employers must monitor expiration dates for visas and EADs.
- E-Verify compliance: Some states require it; others make it optional, but errors can create problems.
- Changing immigration policies: Rules around visas, work permits, and enforcement can shift with each administration.
Penalties for noncompliance
Hiring or continuing to employ someone without valid work authorization can lead to:
- Civil fines that increase with repeated violations
- Criminal charges in cases of a pattern of violations
- Loss of government contracts
- Reputation damage that affects your ability to recruit top talent
How to stay compliant
- Use Form I-9 correctly – Verify identity and work authorization within three business days of hire.
- Know which visas apply – Different industries and roles qualify for different categories.
- Track expirations – Don’t let work authorization documents lapse unnoticed.
- Stay on top of policy changes – Immigration rules shift often; what’s true today may not be tomorrow.
- Train HR and hiring teams – Consistency reduces mistakes and prevents discrimination issues.
How Kubera HR Solutions can help
At Kubera HR Solutions, we guide businesses through work eligibility compliance. From helping with I-9 audits and E-Verify processes to making sure you’re not overlooking USCIS requirements, we give employers the tools to hire confidently and legally.