Under the Immigration and Nationality Act (INA), the Immigration Reform and Control Act of 1986 (IRCA), the Immigration Act of 1990 and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, employers have the responsibilities relating to immigration law in the hiring process. Employers Must Do the Following to Maintain Compliance:
- Verify the identity and employment authorization of each person hired after Nov. 6, 1986. For employment in the Commonwealth of the Mariana Islands (CNMI), this verification requirement applies to persons hired after Nov. 27, 2009.
- Complete and retain Form I-9, Employment Eligibility Verification, for each employee who is required to complete the form.
Employers Must Not Do the Following, Otherwise Civil or Criminal Penalties May Apply:
- Discriminate against individuals because of national origin, citizenship, or immigration status.
- Request more/different documents than are required to verify employment eligibility, reject reasonably genuine-looking documents, or specify certain documents over others.
- Retaliate against or intimidate individuals because they file charges with the Department of Justice’s Immigrant and Employee Rights Section (IER), cooperate with an IER investigation; contest action that may constitute unfair documentary practices or discrimination based on citizenship or immigration status, or national origin, or assert their rights under the INA’s anti-discrimination provision.
- Hire, recruit for a fee, or refer for a fee unauthorized aliens they know to be unauthorized to work in the United States.
If your business has questions or concerns related to immigration compliance and the hiring process, the experienced attorneys at Quadros Migl & Crosby are here to help. Please contact us today to set up your initial consultation.