Immigration, Form I-9 and Work Visas: Federal

Authors: Christopher L. Thomas, Anna Angel, Ceridwen J. Koski and Steven Williams, Ogletree Deakins

Summary

• Employers are required to both verify the identity of their employees and confirm that the employees are authorized to work in the US. In order to do so, employers and employees are required to complete an Employment Eligibility Verification Form I-9 (Form I-9). See Form I-9, Employment Eligibility Verification.
• Employers are prohibited from knowingly hiring or continuing to employ an unauthorized individual and can be subject to monetary and/or criminal penalties for hiring or continuing to employ an unauthorized individual. See Knowing Requirement; Penalties.
• Employers should develop an effective compliance program in order to minimize liability for Form I-9 violations. See Developing an Effective Compliance Program.
• Employers participating in E-Verify should be well informed about the verification process. See E-Verify Process.
• There are a variety of visas depending upon an individual's profession, experience, nationality and whether the individual intends to reside in the US temporarily or permanently. See Employing Non-US Citizens.
• The filing of employment-based immigration petitions and applications with the government does not create any exceptions to the doctrine of at-will employment. See At-Will Employment of Foreign National Employees.