Overview: Employers must comply with the Immigration Reform and Control Act (IRCA), which requires employers to verify the identity of their employees and requires employment eligibility verification of their authorizion to work in the US. In order to do so, employers and employees are required to fill out a Form I-9, and it is mandatory that the employee provide documentation to the employer verifying his or her identity and work authorization.
While employers need to be diligent about completing the Form I-9, they should not be so overzealous that they end up penalizing or discriminating against authorized workers. On the other hand, employers that do not comply with the employment eligibility verification provisions of IRCA can be subject to penalties - civil and criminal. Therefore, employers should develop an effective compliance program in order to avoid such penalties and consider enrolling in E-Verify if not already required by state law or by the federal contractor rule.
Trends: As a result of President Obama's deferred action plan for childhood arrivals, employers must ensure that those individuals provide the proper documentation as required by the Form I-9 demonstrating his or her identity and eligibility to work in the US. Also, several states have passed legislation or issued executive orders attempting to enhance the IRCA prohibitions on unauthorized employment.Those laws impose sanctions on employers (in addition to those already in effect at the federal level under IRCA) who knowingly hire or continue to employ unauthorized workers.
Melissa A. Silver, J.D., Legal Editor
US Customs and Border Protection (CBP) has started automating the Form I-94 process for travelers applying for admission to the US at air and sea ports of entry. Instead of receiving a paper Form I-94, a traveler will now receive a CBP admission stamp on his or her travel document.
XpertHR's High-Tech Resource Center for HR: Form I-9 and Immigration helps high-tech employers handle their most challenging employment issues by bringing relevant resources together in one place for easy access.
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XpertHR has updated its content to reflect the changes made to the new Form I-9 that was released on March 8, 2013. Although employers are permitted to use prior versions of the form until May 7, 2013, employers should use the new form immediately.
Employers must comply with the Immigration Reform and Control Act (IRCA), which requires that employers verify the identity of their employees and that the employees are authorized to work in the US. Employers can use this chart to avoid the civil and criminal penalties that can be incurred by hiring an unauthorized worker.
In order to comply with the Immigration Reform and Control Act employers must verify the identity of their employees and that the employees are authorized to work in the US. Follow the steps in this How To to verify an employee's eligibility to work during the Form I-9 process.
In-depth review of the spectrum of Federal employment law requirements HR must follow with respect to New Hire Paperwork.
The role of Hispanics in reelecting President Obama in 2012 and the growing number of job openings in the private sector have increased the chances for passage of immigration reform legislation this year, according to the American Council on International Personnel (ACIP).
Guidance for HR on completing the Form I-9 for new hires in compliance with federal law. Support on proper employment eligibility verification.
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