IRCA CHEAT SHEET
Who’s covered?
All employers and employees.
What does it prohibit?
- Employment of individuals who are present in the U.S. without authorization to work.
- Discrimination on the basis of national origin or citizenship by employers with four (4) or more employees.
- Selective use of I-9 forms to pre-screen employment applicants.
Documentation requirements:
- Applicants must provide documentation sufficient to verify identity and eligibility to work drawn from Lists A-C in the Lists of Acceptable Documents on the back of the I-9 form.
- Applicants and employers must complete their respective sections of the I-9 form.
Specific employer requirements relating to documentation:
- Complete Sections 2 and 3 of applicants’ I-9 forms.
- Examine the qualified documentation provided by a new employee within 3 days of the beginning of employment.
- Must review documents provided by applicants to determine authenticity.
What are an employer’s record-keeping responsibilities?
- Keep I-9 form for three (3) years following date of hire or one year following termination.
- Keep a physical copy of the I-9 form (not in electronic format).
- Must make form available to INS (Immigration and Naturalization Service) within three (3) days of any request.
What are the potential penalties?
- Monetary fines.
- Back pay.
- Attorneys’ fees.
- Criminal penalties, including imprisonment.
Top IRCA tips
- Be vigilant and look for potential document fraud.
- Don’t ask for specific documents — the employee may provide any of the types of documentation noted on the INS website.
- Follow all record-keeping requirements.
- Do not use I-9 documentation for any purpose other than verification.
- Keep any photocopies made of I-9 documentation with the I-9 form itself.
Stay tuned for more. Next week we’ll de-scare-ify independent contractor laws.
This was originally published by Employment Blawg.
