The Immigration Reform and Control Act of 1986 created
new obligations for employers. It made every employer responsible
for enforcement of some Immigration laws. To do this a new program
was established called " Employer Sanctions." Since
then every employer collects proof that each employee is authorized
to be employed in the United States. This places a heavy burden
on the employer and the employee. Every employee must be able
to provide documents to the employer proving your eligibility
for employment. This is true even for those employees tat are
U.S. citizen. Under this law, it’s unlawful for an individual
or business to hire, recruit, refer for a fee, or continue to
employ an alien knowing that the alien is unauthorized to work.
The law requires the employer to physically inspect the documents
designated by Immigration and Naturalization Services. Two documents
are required; one establishing identity and the other employment
authorization. The employer must also complete Form I-9 (employment
verification form) attesting, under penalty of perjury, that the
employee produced the required documents. In most cases, this
verification procedure must take place within three days of hiring.
To protect the foreign nationals holding appropriate employment
authorization, the Act also prohibits employers from unfair immigration-related
practices in hiring, recruiting, and firing people on the basis
of their national origin or citizenship. Failure to comply with
this law can result in severe civil penalties.
This section of the site should answer most questions.
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