The
I-9 verification process is federally mandated under the Immigration
Reform and Control Act of 1986 (IRCA) and requires employers to
confirm the employment eligibility of its workers. Employers are
required to verify the identity and eligibility for employment
of all persons they hire after November 6, 1986. These I-9 forms
are used to check if employers are using undocumented workers.
An
employer can be fined and otherwise sanctioned for knowingly
hiring an unauthorized alien or unknowingly hiring an undocumented
alien if a reasonable person would believe the employee was illegally
employed.
Requirements
The I-9 form must be completed and on file for each employee.
I-9s should be kept on file for three years, or one year after
employment ends, whichever is longer.
If
someone provides information and documents that, on their face,
appear valid and consistent, you have satisfied the rule's requirements.
An employer should probe the applicant further only if
the documents are either obviously forged, the information provided
does not match with the employee, or you have other evidence that
leads you to ask more questions.
IRCA's
anti-discrimination provisions also prohibit employers from discriminating
against certain protected individuals (including permanent residents,
temporary residents, special agricultural workers, refugees, and
asylees) with respect to hiring, discharging, and recruiting.
Employers
must avoid document abuse, or discriminating against an employee
and asking the employee for more documents than necessary or different
documents to prove employment eligibility.
Z&A
can assist in IRCA or "I-9" review, as well as audit
preparation. Please contact
us for more information.
