home *** CD-ROM | disk | FTP | other *** search
- @059 CHAP 5
-
- ┌──────────────────────────────────────────┐
- │IMMIGRATION LAW REQUIREMENTS FOR EMPLOYERS│
- └──────────────────────────────────────────┘
-
- The Immigration Reform and Control Act of 1986 represents a
- major governmental intrusion into the relationship between
- you and and your employees. Under this law, employers are
- prohibited from hiring illegal aliens and are subject to
- fines of $250 to $20,000 for each illegal alien hired after
- November 6, 1986, depending on the number of prior viola-
- tions by the employer. The Act also prohibits employment
- discrimination on the basis of citizenship status and na-
- tional origin. Employers may not fire or fail to hire any-
- one on the basis of foreign appearance, language, or name.
-
- For all employees hired after November 6, 1986, employers
- are required to verify their eligibility for employment,
- within 3 business days of each new hire. A fairly simple
- one-page Form I-9 must be completed for each employee who
- is hired. The employee fills out the top portion of the
- form, indicating whether he or she is (1) a citizen or na-
- tional of the United States, (2) an alien lawfully admitted
- for permanent residence, or (3) an alien who is authorized
- by the Immigration and Naturalization Service ("INS") to
- work in the United States.
-
- As employer, you must fill out the bottom portion of the
- I-9 form, which consists of 3 lists of identity and em-
- ployment eligibility documents. You must check off the
- documents you have examined (such as passport, Certificate
- of Naturalization, etc.), which must include either one
- document in List A or one each in Lists B and C. Both em-
- ployer and employee must sign the form under penalty of
- perjury, and the employer must retain the completed form in
- the event the INS or Department of Labor requests it in an
- inspection.
-
- Obtain copies of Form I-9 and a related "Employer's Hand-
- book" from the nearest office of the U.S. Immigration and
- Naturalization Service. For more information on employer
- responsibilities call toll-free 1-800/777-7700 and request
- category #6.
-
- Follow these procedures for each new employee you hire:
-
- . Hire only citizens and aliens lawfully authorized
- to work in the U.S.
-
- . Continue to advise all new job applicants of your
- policy to such effect.
-
- . Require all new employees to complete and sign the
- verification form (Form I-9) to certify that they
- are eligible for employment.
-
- . Examine documentation presented by new employees,
- record information about the documents on the
- verification form, and sign the form (Form I-9).
-
- . Retain the form for three years or for one year
- past the end of employment of the individual,
- whichever is longer.
-
- . If requested, present the form for inspection by
- INS or Department of Labor officers. NO REPORTING
- IS REQUIRED.
-