Stock Clerks and Order Fillers as an Undocumented Immigrant or DACA Recipient

Jan 17, 2024

15 Min Read

1. What is the role of a Stock Clerk or Order Filler?


The role of a Stock Clerk or Order Filler is to receive, unpack, and organize incoming shipments of products in a retail or warehouse setting. They also maintain and update inventory records, stock shelves and displays, rotate products to ensure freshness and expiration dates are up-to-date, and process orders for customers. Stock Clerks or Order Fillers may also be responsible for labeling products, restocking inventory, and assisting with basic customer service tasks.

2. Do undocumented immigrants or DACA recipients have the legal right to work as a Stock Clerk or Order Filler?


No, undocumented immigrants do not have the legal right to work in the United States, and DACA recipients’ legal right to work depends on their employment authorization documents (EAD) which must be renewed every two years. Stock Clerks and Order Fillers are required to have valid work authorization in order to be employed in these positions.

3. How do employers verify the immigration status of their employees in these positions?


Employers can verify the immigration status of their employees in these positions through the following methods:

1. Employment Eligibility Verification (Form I-9): Employers are required by law to complete an Employment Eligibility Verification form for all new hires, regardless of their citizenship or immigration status. The form requires employees to provide employment authorization documents, such as a Permanent Resident Card, Employment Authorization Document, or U.S. passport.

2. E-Verify: This is an internet-based system that allows employers to electronically verify the employment eligibility of their newly hired employees. It compares information from an employee’s Form I-9 with data from the Social Security Administration and Department of Homeland Security databases.

3. SAVE Program: Employers can also use the Systematic Alien Verification for Entitlements (SAVE) program to verify the immigration status of their employees. The program allows employers to access immigration records from the U.S. Citizenship and Immigration Services (USCIS) to confirm whether an employee is authorized to work in the United States.

4. Requesting Additional Documentation: In some cases, an employer may request additional documentation from an employee to verify their immigration status, such as a copy of their visa or work permit.

It is important for employers to follow all federal laws and guidelines when verifying an employee’s immigration status in order to avoid discrimination or violating any employment laws.

4. Are there any special requirements that undocumented immigrants or DACA recipients need to fulfill to work as a Stock Clerk or Order Filler?


There may be special requirements for undocumented immigrants or DACA recipients to work as a Stock Clerk or Order Filler, depending on the specific company and state laws. Generally, all employees in the United States are required to have a valid Social Security number and work authorization. This includes filling out an I-9 form, which verifies an individual’s identity and eligibility to work in the US.

Undocumented immigrants may face additional barriers when seeking employment, such as not having valid identification or work authorization. However, some companies may be willing to hire undocumented immigrants through programs such as Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS). These individuals should consult with an immigration attorney to determine their eligibility for these programs and any potential legal risks.

Some states also have different laws regarding hiring undocumented immigrants or DACA recipients. For example, some states may prohibit employers from discriminating against job applicants based on their immigration status.

In addition to legal requirements, there may also be physical or language proficiency requirements for Stock Clerk and Order Filler positions that applicants must meet. It is best to check with specific employers for their specific requirements.

5. Is it more difficult for undocumented immigrants or DACA recipients to get hired for these jobs compared to US citizens or permanent residents?


Undocumented immigrants and DACA recipients may face more barriers and obstacles when trying to get hired for jobs compared to US citizens or permanent residents. These barriers may include:

1. Legal restrictions: Undocumented immigrants are not authorized to work in the United States, making it difficult for them to obtain a job legally. DACA recipients have temporary work authorization, but their status could be revoked at any time, creating uncertainty for employers.

2. Discrimination: Employers may discriminate against undocumented immigrants and DACA recipients during the hiring process due to their immigration status.

3. Limited job opportunities: Some industries and employers may be hesitant to hire undocumented immigrants or DACA recipients due to legal restrictions or concerns about potential backlash from customers or government authorities.

4. Lack of work experience or education: Many undocumented immigrants and DACA recipients come to the United States at a young age and may not have had the opportunity to complete their education or gain work experience. This can make it difficult for them to compete with other candidates for certain jobs.

5. Language barriers: Some jobs require strong English language skills, which can be a barrier for undocumented immigrants or DACA recipients who are not fluent in English.

6. Fear of deportation: Undocumented immigrants may be hesitant to disclose their status during the hiring process out of fear that they could be reported to immigration authorities.

7. E-verify system: Many employers use the E-verify system, which checks an employee’s eligibility to work in the United States through government databases. Undocumented immigrants would not pass this check and therefore may be overlooked for job opportunities.

Overall, undocumented immigrants and DACA recipients face significant challenges when trying to find employment compared to US citizens or permanent residents. However, some employers do still hire and value these individuals for their skills and contributions, particularly in industries such as agriculture, hospitality, construction, and domestic services.

6. Are there any specific industries that are more open to hiring undocumented immigrants or DACA recipients as Stock Clerks or Order Fillers?


It is difficult to determine which specific industries may be more open to hiring undocumented immigrants or DACA recipients as Stock Clerks or Order Fillers. However, some industries that tend to have a high demand for these kinds of workers include retail, warehousing and logistics, hospitality, and food service. These industries often have entry-level positions that do not require specific qualifications or legal documentation. Additionally, employers in these industries may be more familiar with the immigration system and may be willing to hire individuals with Deferred Action for Childhood Arrivals (DACA) status.

7. Can an undocumented immigrant or DACA recipient become a supervisor in this field?


Yes, it is possible for an undocumented immigrant or DACA recipient to become a supervisor in this field. Eligibility for supervisor positions typically depends on the applicant’s knowledge, skills, and experience rather than their immigration status. However, some employers may have specific requirements regarding work authorization for certain positions. It is always best to check with the employer directly about their hiring policies and procedures.

8. Are there any limitations on the type of equipment they can operate in this job?


Yes, there may be limitations on the type of equipment they can operate depending on their level of certification and training. For example, someone with a basic forklift certification may not be able to operate more complex heavy machinery such as cranes or bulldozers. Employers may also have specific restrictions in place based on safety regulations and job requirements.

9. How does an undocumented immigrant or DACA recipient handle pay and taxes for working as a Stock Clerk or Order Filler?


It is important for undocumented immigrants or DACA recipients working as a Stock Clerk or Order Filler to handle their pay and taxes correctly in order to comply with employment laws and regulations. Here are some steps they can take:

1. Obtain an ITIN (Individual Taxpayer Identification Number): Undocumented immigrants and DACA recipients who do not have a Social Security Number (SSN) can apply for an ITIN from the Internal Revenue Service (IRS). This number will be used for tax purposes when filing tax returns.

2. Fill out Form W-4: When starting a job, employees are required to fill out Form W-4, which indicates their tax withholding status. Undocumented immigrants and DACA recipients can use this form to declare themselves exempt from federal income tax withholding, if eligible.

3. Keep track of pay stubs: It is important to keep track of pay stubs received from the employer, as it will show how much was earned and how much was withheld for taxes.

4. File taxes: Regardless of immigration status, all individuals who earn income must file taxes every year by April 15th. Undocumented immigrants should file using an Individual Taxpayer Identification Number (ITIN) instead of a Social Security Number (SSN).

5. Pay any owed taxes: If any taxes are owed after filing, undocumented immigrants should pay what is owed on time to avoid penalties and interest fees.

6. Consider seeking advice from a tax professional: To ensure compliance with all tax laws and regulations, undocumented immigrants may seek the advice of a qualified tax professional or attorney who has experience working with individuals without legal immigration status.

7. Be aware of state and local laws: The process for handling taxes may differ at the state and local level, so it’s important to research the specific requirements in your area.

It’s important for undocumented immigrants or DACA recipients working as Stock Clerks or Order Fillers to be familiar with employment and tax laws in order to handle pay and taxes correctly. Compliance with these laws can help avoid legal consequences and ensure a smooth and successful work experience.

10. Are there any special training programs available for undocumented immigrants or DACA recipients who want to work in this field?


It may vary depending on the specific employer or organization, but there are not typically special training programs available specifically for undocumented immigrants or DACA recipients in this field. However, there are many resources and organizations that offer general career training and support for immigrant and refugee communities, which could be beneficial for those seeking to work in this field. Additionally, some employers may have diversity and inclusion programs or initiatives that provide training and support for marginalized communities. It is important to research potential employers and reach out directly to ask about any available resources or accommodations. Networking with professionals in the field, attending job fairs, and getting involved with community organizations can also provide opportunities for mentorship and career development.

11. Can an employer terminate the employment of an undocumented immigrant or DACA recipient if their immigration status changes?


Yes, an employer can terminate the employment of an undocumented immigrant or DACA recipient if their immigration status changes. Employers have the right to hire and fire employees as long as it is not based on discrimination against a protected class. Therefore, if an employee’s work authorization or immigration status changes and they are no longer eligible to work in the country, the employer may terminate their employment.

12. Are there any risks involved with hiring an undocumented immigrant as a Stock Clerk or Order Filler, such as facing penalties from the government?


Yes, there are risks involved with hiring an undocumented immigrant as a Stock Clerk or Order Filler. Employing someone who is not authorized to work in the country can have serious consequences for both the employer and the employee.

For the employer, knowingly hiring an undocumented worker can result in fines and penalties from the government. The U.S. Immigration and Customs Enforcement (ICE) has increased its efforts to crack down on employers who hire unauthorized workers. Employers found to be in violation of immigration laws can face fines ranging from $375 to $16,000 per unauthorized worker, and repeated offenses can result in criminal charges.

In addition, employers may also face legal action from the Department of Labor for violations of wage and hour laws. Undocumented workers are entitled to certain rights and protections under labor laws, including minimum wage and overtime pay. If an employer is found to be paying their undocumented employees below minimum wage or denying them overtime pay, they may face legal consequences.

There are also potential reputational risks for employers who are discovered to have hired undocumented workers. This can lead to negative publicity and damage to the company’s brand.

For the employee, working without proper authorization puts them at risk of deportation and other penalties such as being barred from entering the country again in the future. They may also face exploitation by unscrupulous employers who take advantage of their vulnerable status.

It is important for employers to thoroughly verify the employment eligibility of all their employees through Form I-9 documentation and avoid hiring undocumented workers to mitigate these risks.

13. How can I ensure that my rights are protected as an undocumented immigrant employee in this position?

As an undocumented immigrant, you have the right to fair and equal treatment in the workplace, regardless of your immigration status. You should be aware of your rights and take steps to protect them, including:

1. Educate yourself: Research federal and state labor laws that protect all employees, regardless of immigration status. These laws cover areas such as minimum wage, overtime pay, discrimination, harassment, workplace safety, and workers’ compensation.

2. Keep documentation: Be sure to keep copies of important documents such as your offer letter, pay stubs, and work schedule.

3. Maintain a good relationship with your employer: It is important to maintain a positive working relationship with your employer in order to protect your rights. If you feel that your rights are being violated or you are facing discrimination because of your immigration status, communicate clearly and professionally with your employer about the issue.

4. Consult an attorney: If you believe that your rights have been violated in the workplace due to your immigration status, it may be helpful to consult with an attorney who specializes in labor law.

5. Know who to contact for help: Familiarize yourself with organizations or agencies that offer resources and support for immigrant workers’ rights, such as local immigrant advocacy groups or worker centers.

6. Do not share personal information: Your employer does not have the right to ask about your immigration status or request personal documents (such as a Social Security number) unless required by law.

7. Seek medical treatment if needed: Undocumented immigrants have the same right to workers’ compensation benefits for work-related injuries as any other employee. If you are injured on the job, seek medical attention immediately and notify your employer so they can file a claim for workers’ compensation on your behalf.

8. Report any violations: If you experience any violations of labor laws or discrimination based on your immigration status at work, report it to the appropriate authorities such as the U.S Department of Labor’s Wage and Hour Division, Equal Employment Opportunity Commission (EEOC), or your state labor agency.

Remember, as an undocumented immigrant, you have rights in the workplace. It is important to know your rights and take action to protect them.

14. Is there a possibility for advancement within this job for someone without legal status?


It is unlikely that someone without legal status would be able to advance within a job, as they may not have access to certain opportunities or benefits afforded to those with legal status. In addition, employers may be hesitant to promote someone without legal status due to concerns about immigration laws and potential legal repercussions. However, there have been cases where undocumented individuals have successfully advanced in their careers through hard work and dedication, but this outcome is not guaranteed.

15. How does workplace discrimination based on immigration status affect opportunities for workers in this field?


Discrimination based on immigration status can greatly limit opportunities for workers in many ways. Some possible effects of workplace discrimination based on immigration status include:

1. Limited access to education and training: Workers who face discrimination based on their immigration status may not have the same access to education and training opportunities as their peers, making it more difficult to secure high-paying positions or advance in their fields.

2. Lower wages and job opportunities: Workers who are discriminated against due to their immigration status may be offered lower wages or fewer job opportunities compared to other workers with similar qualifications, which can negatively impact their financial security and career growth.

3. Barriers to promotion and advancement: Discrimination based on immigration status can also create barriers when it comes to being considered for promotions or advancing within a company. This can limit potential for career growth and result in stagnant positions.

4. Increased risk of termination: Undocumented workers may live in constant fear of being exposed, which can make them less likely to speak up about workplace issues or assert their rights. This puts them at a higher risk of being terminated without proper cause or protections.

5. Workplace harassment: Discrimination based on immigration status may also lead to harassment from coworkers or superiors, creating a hostile work environment that can negatively affect job satisfaction and overall well-being.

6. Lack of benefits and protection: Many immigrants do not have access to health insurance, retirement plans, paid sick leave, or other benefits that are typically offered by employers. As a result, they may struggles with healthcare expenses and face greater risks if they become ill.

In short, discrimination based on immigration status not only affects workers’ opportunities in the present but also has long-term consequences that can impede their professional growth and financial stability.

16.Although some companies might hire undocumented immigrants, are they required by law to only hire American citizens and Permanent residents into stock clerk and order filler roles?


Yes, it is required by law for companies to only hire American citizens and Permanent residents into stock clerk and order filler roles. The Immigration Reform and Control Act of 1986 requires employers to verify the employment eligibility of all individuals they hire. This includes completing an Employment Eligibility Verification Form (I-9), which requires employees to provide proof of identity and work authorization. Hiring undocumented immigrants for these positions would be a violation of this law.

17.Is compensation different between undocumented immigrants and American citizens/Permanent residents in these roles?


Yes, compensation may be different between undocumented immigrants and American citizens/Permanent residents in these roles. Undocumented immigrants may not have access to legal protections and benefits that are available to American citizens and permanent residents, such as minimum wage laws, health insurance, and retirement benefits. They may also face discrimination in the workplace leading to lower pay or limited job opportunities. However, this can vary depending on the specific job and employer. In some cases, employers may exploit the vulnerable status of undocumented workers to offer lower wages or deny them basic rights and protections.

18.What additional documents or forms may an undocumented immigrant or DACA recipient be required to provide to their employer?


Depending on the specific circumstances and visa category, an undocumented immigrant or DACA recipient may be required to provide additional documents or forms to their employer. Some common examples include:

1. A valid work permit or Employment Authorization Document (EAD) issued by the United States Citizenship and Immigration Services (USCIS).

2. A valid Social Security number or Individual Taxpayer Identification Number (ITIN) for tax purposes.

3. A valid state identification card or driver’s license.

4. Proof of employment eligibility, such as a Permanent Resident Card (Green Card) or an approved non-immigrant visa.

5. Any relevant immigration paperwork or documentation, such as a Form I-130 (Petition for Alien Relative) or Form I-485 (Application to Register Permanent Residence or Adjust Status).

6. Evidence of prior immigration status, such as entry into the U.S. with a valid visa, granted asylum, or a pending immigration case.

7. Valid passports from their country of origin.

It’s important for undocumented immigrants and DACA recipients to consult with an experienced immigration lawyer before providing any documents to their employer to ensure compliance with legal requirements and avoidance of potential issues.

19. What is the average salary for a Stock Clerk or Order Filler in the US and how does this compare for undocumented immigrants/DACA recipients?


According to the Bureau of Labor Statistics, the average annual salary for a Stock Clerk or Order Filler in the US is $26,050 as of May 2020. However, this salary can vary depending on factors such as location, experience, and industry.

As undocumented immigrants and DACA recipients are not authorized to work in the US, their employment opportunities may be limited and they may face discrimination in the job market. As a result, their salaries may be lower than average and could vary depending on individual circumstances such as education level, skills, and job position. It is important to note that while there is no official data on salaries for undocumented immigrants/DACA recipients, it is likely that they earn significantly less than the average salary due to barriers in the job market.

20. Are there any organizations or resources available specifically for undocumented immigrants or DACA recipients seeking employment in this field?


Yes, there are organizations and resources available specifically for undocumented immigrants or DACA recipients seeking employment in various fields, including:

1) United We Dream’s “Workforce Development Program” offers job coaching and professional development opportunities for undocumented youth and DACA recipients.

2) The Immigrant Legal Resource Center’s “DACAmented” program provides resources and support for DACA recipients seeking employment, including a guide for navigating the workplace as a DACA recipient.

3) The National Immigration Law Center’s “Immigrant Justice Network” has a job board specifically for immigrant youth and DACA recipients looking for employment opportunities.

4) Dreamers Roadmap is a mobile app that helps undocumented students find scholarships and internships to support their education and career goals.

5) The Latinx Project offers career guidance, mentorship, and networking opportunities for Latinx professionals, including those who are undocumented or have DACA status.

Additionally, local community organizations and immigrant rights groups may offer workshops, training programs, and other resources to support undocumented individuals seeking employment.

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