NetNews Usenet Archive 1993 #3/NN_1993_3.iso/spool/misc/legal/23498

Internet Message Format | 1993-01-28 | 9.6 KB

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From: [e-mail] (Nigel Allen)
Subject: U.S. Immigration Q&A on Employer Sanctions
Organization: Echo Beach, Toronto
Date: Thu, 28 Jan 1993 04:29:33 GMT
Message-ID: <[e-mail]>
Lines: 168

Here is a press release from the U.S. Immigration and
Naturalization Service.

 INS Q&A on Employer Sanctions
 To: National Desk
 Contact: Verne Jervis or Duke Austin of the Immigration and
          Naturalization Service, 202-514-2648

   WASHINGTON, Jan. 27  -- Following are commonly asked
questions about complying with the Employer Sanctions
provisions of the 1986 Immigration Reform and Control Act, which
requires employers to verify the work eligibility of all employees
hired since Nov. 7, 1986.

   Q. Do citizens and nationals of the United States need to prove
      they are eligible to work?
   A. Yes.  While citizens and nationals of the United States are
      automatically eligible for employment, they too must present
      the required documents and complete an I-9.
   Q. Do I need to complete an I-9 for everyone who applies for a
      job with my company?
   A. No. You need to complete I-9s only for people you actually
      hire.  For purposes of this law, a person is "hired" when he
      or she begins to work for you.
   Q. I understand that I must complete an I-9 for anyone I hire to
      perform labor or services in return for wages or other
      remuneration.  What is "remuneration"?
   A. Remuneration is anything of value given in exchange for labor
      or services rendered by an employee, including food and
      lodging.
   Q. Do I need to fill out an I-9 for independent contractors or
      their employees?
   A. No. For example, if you contract with a construction company
      to perform renovations on your building, you do not have to
      complete I-9s for that company's employees.  The construction
      company is responsible for completing the I-9s for its own
      employees.  However, you must not knowingly use contract
      labor to circumvent the law against hiring unauthorized
      aliens.
   Q. Can I fire an employee who fails to produce the required
      documents within three business days?
   A. Yes.  You can terminate an employee who fails to produce the
      required document or documents, or a receipt for a document
      within three business days of the date employment begins.
      However, you must apply these practices uniformly to all
      employees.  If an employee has presented a receipt for a
      document, he or she must produce the actual document within
      90 days of the date employment begins.
   Q. May I specify which documents I will accept for verification?
   A. No. the employee can choose which document(s) he or she wants
      to present from the lists of acceptable documents.  You must
      accept any document (from List A) or combination of documents
      (one from List B and one from List C) listed on the I-9 and
      found in Part 8 of the Handbook for Employers, which
      reasonably appear on their face to be genuine and to relate
      to the person presenting them.  To do otherwise could be an
      unfair immigration-related employment practice.  Individuals
      who look and/or sound foreign must not be treated differently
      in the hiring or verification process.
   Q. What is my responsibility concerning the authenticity of
      document(s) presented to me?
   A. You must examine the document(s) and, if they reasonably
      appear on their face to be genuine and to relate to the
      person presenting them, you must accept them.  To do
      otherwise could be an unfair immigration-related employment
      practice.  If the documents do not reasonably appear on their
      face to be genuine or to relate to the person presenting
      them, you must not accept them.
   Q. Some people are presenting me with Social Security Cards that
      have been laminated.  May I accept such cards as evidence of
      employment eligibility?
   A. You may not accept a laminated Social Security Card as
      evidence of employment eligibility if the card states on the
      back "not valid if laminated."  Lamination of such cards
      renders them invalid.  Metal or plastic reproductions of
      Social Security Cards are not acceptable.
   Q. May I accept a photocopy of a document presented by an
      employee?
   A. No. Employees must present original documents.  The only
      exception is that an employee may present a certified copy of
      a birth certificate.
   Q. When I review an employee's identity and employment
      eligibility documents, should I make copies of them?
   A. The law does not require you to photocopy documents.  However
      if you wish to make photocopies, you should do so for all
      employees, and you should retain each photocopy with the I-9.
      Photocopies must not be used for any other purpose.
      Photocopying documents does not relieve you of your
      obligation to fully complete Section 2 of the I-9 nor is it
      an acceptable substitute for proper completion of the I-9 in
      general.
   Q. When do I fill out the I-9 if I hire someone for less than
      three business days?
   A. You must complete both Sections 1 and 2 of the I-9 at the
      time of the hire.  This means the I-9 must be fully completed
      when the person starts to work.
   Q. What are the requirements for retaining the I-9?
   A. If you are an employer, you must retain the I-9 for three
      years after the date employment begins or one year after the
      date the person's employment is terminated, whichever is
      later.  If you are an agricultural association, agricultural
      employer, or farm labor contractor, you must retain the I-9
      for three years after the date employment begins for persons
      you recruit or refer for a fee.
   Q. Will I get any advance notice if an INS, Department of Labor
      (DOL), or Office of Special Counsel Officer (OSC) wishes to
      inspect my I-9s?
   A. Yes.  The officer will give you at least three days (72
      hours) advance notice before the inspection.  If it is more
      convenient for you, you may waive the three-day notice.  You
      may also request an extension of time in which to produce the
      I-9s.  The INS, DOL, or OSC officer will not need to show you
      a subpoena or a warrant at the time of the inspection.
      Note: This does not preclude the INS, the DOL, or the OSC
      from obtaining warrants based on probable cause for entry
      onto the premises of suspected violators without advance
      notice.  Failure to provide the I-9s for inspection is a
      violation of the employer sanctions laws and could result in
      the imposition of civil money penalties.
   Q. If I am a business entity (corporation, partnership, etc.),
      do I have to fill out I-9s on my employees?
   A. Yes, you must complete I-9s for all of your employees,
      including yourself.
   Q. I have heard that some state employment agencies can certify
      that people they refer are eligible to work.  Is that true?
   A. Yes.  State employment agencies may elect to provide persons
      they refer with a certification of employment eligibility.
      If one of these agencies refers potential employees to you
      with a job order or other appropriate referral form, and the
      agency sends you a certification within 21 business days of
      the referral, you do not have to check documents or complete
      an I-9 if you hire that person.  However, you must review the
      certification to ensure that it relates to the person hired
      and observe the person sign the certification.  You must also
      retain the certification as you would an I-9 and make it
      available for inspection, if requested.  You should check
      with your state employment agency to see if it provides this
      service and become familiar with its certification document.
   Q. How can I avoid discriminating against certain employees
      while still complying with this law?
   A. You can avoid discriminating against certain employees and
      still comply with the law by applying the employment
      eligibility verification procedures of this law to all newly
      hired employees and by hiring without respect to the national
      origin or citizenship status of those persons authorized to
      work in the United States.  To request to see identity and
      employment eligibility documents only from persons of a
      particular origin, or from persons who appear or sound
      foreign, is a violation of the employer sanctions laws and
      may also be a violation of Title VII of the Civil Rights Act
      of 1964.  You should not discharge present employees, refuse
      to hire new employees, or otherwise discriminate on the basis
      of foreign appearance, accent, language, or name.
   Q. Can I be charged with discrimination if I contact the INS
      about a document presented to me that does not reasonably
      appear to be genuine and relate to the person presenting it?
   A. No. The anti-discrimination provisions of the act only apply
      to the hiring and discharging of individuals.  While you are
      not legally required to inform the INS of such situations,
      you may do so if you choose to.
   Q. If I need more information about complying with the Employer
      Sanctions provisions, who should I contact?
   A. You may obtain additional information from your local INS
      office or by calling toll free 1-800-755-0777.

 -30-
--
Nigel Allen, Toronto, Ontario    [e-mail]