FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
ABA Family Legal Guide
Law and the Workplace
The Hiring Process
Are there laws that govern the hiring of alien workers?
Yes. The Immigration Reform and Control Act (IRCA) prohibits all employers from hiring unauthorized alien workers. As part of the hiring process, employers must complete an eligibility form (Form I-9) for each new employee. This form ensures that the employer has verified the identity and legal eligibility of the applicant to be employed in this country. Employers who hire unauthorized aliens may be fined and imprisoned.
The employment-related provisions of the Immigration Reform and Control Act are aimed solely at steps an employer must take to ensure that it hires only people eligible to work in the United States. These provisions do not affect the immigration status of the applicant.
|
Side Bar - How to Verify the Identity and Employment Eligibility of an Applicant The following documents are considered acceptable verification under IRCA: a U.S. passport; a birth certificate showing birth in the U.S.; a naturalization certificate; a valid foreign passport with an endorsement authorizing employment in the United States; a resident alien card with photograph and authorization for employment in the United States; or a Social Security card and a driver's license with photograph. So long as an applicant has documents that properly verify his or her identity and eligibility, an employer cannot require a particular or different document. |
Copyright © 2004 American Bar Association