I am a Business owner and hired someone on the books with an expired visa from another country. This person is in the process of getting a green card and recently filed for it. They are a VERY GOOD employee and I really don't want to lose them. She asked if I could pay her OFF THE BOOKS for temporary until the Green Card is Approved. Can I do this? If so, HOW? Is there a risk for me in fines or anything? Thank You for your help
1 Answer from Attorneys
No, that would be illegal and two wrongs definitely do not make a right.
If she has filed for her lawful permanent resident status, she should have applied for employment authorization to use while her adjustment of status is in process.
If she failed to do so, she really shouldn't be employed until she does or receives her "greencard."
For further information, go to: https://www.uscis.gov/i-9-central/penalties
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