Hybrid Status Immigrant Workers

Immigrant workers often depend on independent contractor status to work legally in the U.S. Federal immigration law requires employers to verify that all employees are permitted to work in the United States, but does not require such verification for independent contractors. As a result, immigrants can work as independent contractors without having to fraudulently claim work authorization. However, efforts are underway on the state level to prevent the misclassification of workers as independent contractors so that they – whether foreign-born or U.S.-born -- can claim all the rights of workers. However, such efforts, while generally good-intentioned, could jeopardize the ability of undocumented immigrants to continue working in the U.S. This paper argues that immigrant workers can hold a hybrid status: defined as “employees” under new and improved labor law definitions, while remaining “independent contractors” for immigration purposes. This “hybrid status,” however, will likely require action on the part of both state legislatures and federal agencies to be implemented. (The Immigrant Learning Center’s Public Education Institute)

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