If you’re an immigrant living and working in the United States, you’re part of an incredible community that drives the American economy forward. Immigrants make up 14% of the U.S. population but contribute a remarkable 17% of the nation’s economic output—that’s roughly $3.3 trillion of America’s $19.6 trillion economy. Despite these impressive numbers, many immigrant workers don’t fully understand their rights or the opportunities available to them.
Whether you’re documented or undocumented, understanding your workplace rights isn’t just important—it’s essential for building a stable, prosperous life in America. Let’s break down everything you need to know about working in the United States as an immigrant, finding a job, and ensuring your rights are respected by your employers.
Your Employment Rights Are Protected, Regardless of Status
Here’s something that might surprise you: with very few exceptions, undocumented workers enjoy virtually all the legal rights and protections afforded by both federal and state laws. The Fair Labor Standards Act, the Occupational Health and Safety Act, and the Family Medical Leave Act all apply to you, regardless of your immigration status.
When it comes to wages, you have the right to receive at least the federal minimum wage of $7.25 per hour, or any higher state or local minimum wage in your area. You’re also entitled to overtime pay at one and a half times your regular rate for hours worked beyond 40 per week. Your employer cannot withhold wages or refuse payment by claiming you shouldn’t have been employed due to your immigration status—that’s illegal.
Workplace safety is another fundamental right. You deserve a healthy and safe work environment, free from hazardous conditions that could cause serious harm. If you reasonably believe your work poses immediate danger to yourself or coworkers, you have the right to refuse that work. You can file confidential complaints with OSHA or Cal/OSHA, and these agencies are generally prohibited from inquiring about or reporting your immigration status during investigations. You also have the right to receive safety training in a language you understand, access test results for workplace hazards, and speak privately with safety inspectors.
Anti-discrimination laws protect you from unfair treatment based on your national origin, race, color, sex, pregnancy, religion, age, or disability. During job interviews, employers cannot legally ask about your immigration status, history, or national origin. English-only workplace rules are generally illegal unless justified by legitimate business necessity, such as safety during emergencies or effective communication with English-only customers. Even when such rules are justified, employers must clearly notify workers about them before taking disciplinary action.
Understanding the I-9 Process and Document Abuse
While employers must verify the identity and work authorization of all newly hired employees using the I-9 form, this process comes with important anti-discrimination protections. For most jobs, employers cannot reject or fire you based on your citizenship status or national origin. They’re also forbidden from demanding more or different documents than legally required, or from refusing to accept documents that appear genuine and relate to you—a practice known as “document abuse.”
Your right to organize and unionize is protected under the National Labor Relations Act, which covers most workers, including undocumented individuals. You can organize, form, join, or assist a labor union, and collectively bargain for better wages, hours, and working conditions. It’s illegal for employers to use your immigration status as a weapon against you if you advocate for better working conditions or engage in union activities. Threatening to call ICE because you tried to join a union or demanding new immigration papers after you discussed working conditions with colleagues constitutes unlawful employer retaliation.
Benefits Available to Undocumented Workers
If you’re injured on the job in California, you’re eligible for workers’ compensation benefits to cover medical treatment costs and some lost wages. Texas also provides similar coverage through its Workers’ Compensation Act. If your employer doesn’t carry workers’ compensation insurance, you may still have the right to file a personal injury lawsuit for job-related injuries.
In California, undocumented workers who have contributed to the State Disability Insurance system through paycheck deductions are eligible for SDI benefits. This provides wage replacement for non-work-related illnesses or injuries, offering about 60% to 70% of your pay for up to 52 weeks. Starting January 1, 2025, eligible individuals will receive 70-90% of their regular income thanks to the passage of SB 951.
California also extends Paid Family Leave benefits to eligible undocumented workers, allowing you to receive wage replacement when you need to miss work to care for a seriously ill family member or bond with a new child. Currently providing 60-70% of your pay for up to 8 weeks, these benefits will also increase to 70-90% of regular income for claims starting January 1, 2025.
Unfortunately, undocumented workers are generally not eligible for unemployment insurance benefits, as agencies like the California Employment Development Department have determined that undocumented workers are not “available for work” due to lack of legal work authorization.
Special Programs and Considerations
Deferred Action for Labor Enforcement (DALE) is a temporary immigration status designed to empower workers to report unlawful employer practices without fear of retaliation. If granted, DALE offers protection from deportation for four years and allows recipients to apply for work authorization. However, DALE provides only temporary protection and doesn’t offer a pathway to permanent legal status. Given political uncertainties, it’s crucial to consult with an immigration attorney before considering a DALE request.
If your employer informs you of a “no-match” letter from the Social Security Administration concerning your Social Security number, remember that these letters don’t indicate your immigration status. An employer may be breaking the law if they use such a letter to threaten workers.
All workers in the U.S., including undocumented individuals, must report their income to the IRS and state tax boards. If you cannot obtain a Social Security number due to your undocumented status, you can use an Individual Taxpayer Identification Number (ITIN) to properly report your income. Importantly, you should never provide your ITIN to your employer—ITINs should only be used to file tax returns directly with the IRS.
Job Opportunities Across All Income Levels
Contrary to common misconceptions, immigrants work across the entire economic spectrum. About 65% of all immigrant workers with full-time jobs earn at least $35,000 per year, which is considered a middle wage. Immigrants are just as likely as U.S.-born workers to hold upper-wage jobs earning over $104,000 annually, with 17% of both groups in this category.
However, immigrants are also disproportionately represented in essential low-wage occupations. Service occupations represent the most common low-wage sector for immigrants, who comprise 30% of all service workers in roles like janitors, house cleaners, cooks, and food preparation workers. Healthcare support roles employ over half a million immigrants as nursing assistants, personal care aides, and home health aides. Production occupations include packaging machine operators, butchers, and sewing machine operators, while transportation and logistics employ many immigrants as taxi drivers, packagers, and stockers.
In middle-wage occupations, immigrants make up 14% of all managers in the U.S., working in roles from healthcare management to financial management. Healthcare professionals include registered nurses, licensed vocational nurses, and lab technicians. Over half a million immigrants work as truck drivers, comprising 19% of all truck drivers in the U.S. The IT and computer fields employ 568,000 immigrants, representing 20% of the total in roles like computer programmers, systems analysts, and support specialists.
Upper-wage occupations show immigrants highly concentrated in certain high-paying professions. Nearly half of immigrants in upper-wage occupations work in computer and science roles, comprising 31% of all upper-wage computer jobs. Software developers represent a major component, with 559,000 immigrants earning a median wage of $125,000. Advanced healthcare professions show immigrants disproportionately represented among physicians (28% of all physicians), pharmacists, and dentists.
The Reality of Workplace Challenges
Despite these opportunities, immigrants face significant workplace challenges. About one-third report difficulties affording basic necessities like utilities, healthcare, food, or housing. Approximately a quarter of working immigrants feel overqualified for their current positions, with this figure rising to over half of college-educated Black and Hispanic immigrants.
Workplace discrimination affects about half of all working immigrants, with the most common forms including fewer opportunities for advancement and receiving lower pay compared to U.S.-born individuals in similar roles. Other issues include non-payment for all hours or overtime, undesirable shifts, and harassment due to immigrant status. Black, Hispanic, and Asian immigrant workers report discrimination at higher rates than white immigrant workers, and likely undocumented immigrants face particularly high rates of workplace discrimination.
Limited English proficiency contributes significantly to higher rates of reported workplace discrimination, with 55% of LEP working immigrants reporting unfair treatment. Community and social discrimination also affects immigrants, with approximately four in ten reporting worse treatment in stores, restaurants, or during police interactions.
Finding Your Path Forward
If you’re looking for work as an immigrant, start by understanding which work visa or green card you might qualify for. Undocumented individuals should explore pathways like DACA or asylum that might offer temporary protection and work authorization. Assess your skills and qualifications, identifying industries that align with your experience while pursuing necessary certifications or licenses.
Building your network through immigrant advocacy groups and professional associations can open doors, as can attending job fairs and industry events. Organizations like Upwardly Global and local workforce development agencies provide valuable guidance. Utilize online job platforms like LinkedIn, Indeed, and Glassdoor, while also exploring local resources designed for immigrant employment.
Consider starting with entry-level roles in sectors like retail, hospitality, or logistics to gain crucial U.S. work experience, improve English proficiency, and eventually transition into higher-paying roles.
Your Rights Matter
Nearly half of all immigrants lack sufficient information to fully understand how U.S. immigration laws affect them and their families, with this confusion particularly high among likely undocumented immigrants. Seven in ten likely undocumented immigrants worry that they or a family member may be detained or deported, leading some to avoid essential activities like applying for jobs or seeking government assistance.
Understanding your rights, seeking competent legal advice from attorneys specializing in both employment and immigration law, and leveraging available community and legal resources are essential steps for protecting yourself and pursuing a stable future. Remember that addressing the diverse needs and challenges faced by immigrants isn’t just vital for individual well-being—it’s crucial for the overall health and economic prosperity of the United States.
Your contributions to America’s economy and society are invaluable, and you deserve to work in an environment that respects your rights and recognizes your worth. Don’t let fear or uncertainty prevent you from understanding and exercising the protections that are rightfully yours under the law.