Foreign Worker Law and Legal Definition

Foreign worker is a person employed in a country to which the person is not a citizen. These workers are hired to work in the host country. The term foreign worker is synonymous to the term migrant worker under the United Nations treaties and resolutions. In the U.S. a person to be a foreign worker should come within any of the specified categories:

1. Green card workers. These are workers who have requested and received legal permanent residence in U.S.; and

2. Guest workers. These workers temporarily reside in U.S.

Following is an example of a state statute (California) defining “foreign worker”:

Pursuant to Cal Bus & Prof Code § 9998.1 (d) "Foreign worker" means any person seeking employment who is not a United States citizen but who is authorized by the federal government to work in the United States, including a person who engages in temporary nonagricultural labor pursuant to Section 1101(a)(15)(H)(ii)(b) of Title 8 of the federal Immigration and Nationality Act.