When Your Job and Immigration Status Overlap

Many workers in Illinois face employment problems that are tied directly to their immigration status. Employers sometimes use a worker’s real or perceived immigration status as a way to threaten, silence, or get rid of them. When that happens, you are dealing with both an employment problem and an immigration problem.

At Randolph & Holloway LLC, we understand how those issues intersect. We represent employees in discrimination, harassment, and retaliation cases where immigration status is part of the story, and we coordinate those cases with appropriate immigration strategies.

How Immigration and Employment Problems Overlap

We regularly see situations where:

• An employer threatens to “call ICE” or report someone to immigration to stop them from complaining about discrimination, harassment, or unpaid wages.

• A worker is denied promotions, better shifts, or job opportunities because of their actual or perceived immigration status.

• HR asks inappropriate questions about status or documents and then uses the answers to retaliate.

• An employee in a valid non-immigrant status (H-1B, TN, L-1, etc.) is pushed out of a job in a way that puts their status, work authorization, and future immigration options at risk.

• A U.S. citizen or permanent resident is targeted because of a spouse’s or family member’s immigration status.

In these cases, you are not “lucky to have a job.” You still have rights under federal and Illinois law, regardless of immigration status.

Examples of Cases We Handle

We focus on employee-side cases where immigration status intersects with:

• Workplace discrimination based on race, national origin, or ancestry

• Sexual harassment and hostile work environment

• Retaliation for reporting discrimination, harassment, or wage violations

• Wrongful termination or constructive discharge tied to immigration status

• Employer threats to contact immigration authorities to keep workers “in line”

• Refusal to rehire or promote because an employee used lawful time off (FMLA, medical leave) and the employer questions their status

In appropriate cases, we also work with immigration counsel to protect the client’s options, including potential relief that may be available because of workplace abuse or exploitation.

Coordinating With Your Immigration Case

Employment and immigration decisions affect each other. Before you quit, accept a severance agreement, or sign anything, it is important to understand how that decision might affect:

• Your current immigration status or work authorization

• Your ability to apply for a green card in the future

• Any pending or planned family-based immigration case (for example, a marriage-based green card)

Our firm can:

• Evaluate the employment-law side of your situation,

• Help you understand how employment decisions may affect your immigration options, and

• When needed, coordinate with dedicated immigration counsel to protect your long-term status.

For family-based immigration matters such as marriage green cards (adjustment of status) and naturalization, we also maintain a dedicated immigration practice at the Law Office of Justin G. Randolph. If your primary need is a family-based case, we can refer you directly to that practice:

• Marriage green card / adjustment of status

• Naturalization / citizenship

Who We Represent

We represent employees only, not employers.

We are particularly interested in cases where:

• The worker is being targeted because of national origin, race, or immigration status, or

• The employer is using immigration as a tool to intimidate or punish the worker for standing up for their rights.

You do not need to have perfect status to talk to us. We handle these conversations confidentially and with an understanding of the risks our clients face.

What To Do If You Think Your Employer Is Using Your Status Against You

If you believe your employer is:

• Threatening to report you or your family to immigration,

• Treating you differently because of your real or perceived immigration status, or

• Retaliating after you complained about discrimination, harassment, or wage violations,

you should speak with an attorney before you:

• Quit your job,

• Sign a severance or settlement agreement, or

• Make statements to HR that could be used against you.

We can review your situation, explain your options, and help you decide on a strategy that protects both your employment rights and your immigration future.

Schedule a Confidential Consultation

To schedule a consultation about an employment problem involving immigration status, you can:

• Call: (312) 663-1560

• Submit a confidential contact form

If your main concern is starting or completing a marriage-based green card or other family or employment-based immigration process, you can also contact our dedicated immigration practice at https://www.jrandolphlaw.com/contact-free-consultation/, and we will make sure you get to the right place.