Immigration and Hiring

1
Immigration and Hiring

• What Supervisors Need to Know

2
Session Objectives
Understand Immigration Reform and Control Act
requirements Identify documents needed to verify
identity and work eligibility Carry out your
responsibilities for ensuring completion of the
I-9 form Avoid discriminatory hiring practices
3
Immigration Reform and Control Act

• Hiring of illegal aliens is prohibited
• Employment discrimination is prohibited
• Applies to employers with 4 employees

4
What the Law Requires

• Proof of identity
• Verification of employment eligibility
• Completion of I-9 form

5
Inspection of DocumentsList A

• U.S. passport (unexpired or expired)
• Unexpired foreign passport
• Alien Registration Receipt Card or Permanent
  Resident Card
• Unexpired Employment Authorization Card with a
  photograph

Image Credit USCIS
6
Inspection of DocumentsList A (cont.)

• Unexpired foreign passport with Arrival-Departure
  Record
• Unexpired foreign passport with MRIV and
  unexpired temporary I-551 stamp
• Unexpired foreign passport with MRIV, temporary
  I-551 language, endorsed with an unexpired DHS
  admission stamp

7
Inspection of DocumentsList B

• Drivers license or ID card issued by the state
  or outlying possession of the United States
• An ID card issued by federal, state, or local
  governmental agencies or entities
• School ID card with a photograph
• Voter registration card

• Drivers license or ID card issued by the state
  or outlying possession of the United States
• An ID card issued by federal, state, or local
  governmental agencies or entities
• School ID card with a photograph
• Voter registration card

8
Inspection of DocumentsList B (cont.)

• U.S. military card or draft record
• Military dependents ID card
• U.S. Coast Guard Merchant Mariner Card
• Native American tribal document
• Canadian drivers license

9
Inspection of DocumentsList C

• U.S. Social Security card
• Certification of birth abroad
• Original or certified copy of U.S. birth
  certificate

10
Inspection of DocumentsList C (cont.)

• Native American tribal document
• U.S. Citizen ID Card (USCIS Form I-197)
• Resident Citizen ID Card (USCIS Form I-179)
• Unexpired employment authorization document
  issued by the USCIS

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Employees Unable to Produce Documents

• Three business days to produce documents
• Receipt showing applied for documents
• 90 days to produce documents applied for
• Termination

12
I-9 Forms

• Employee complete Section 1 by day 1
• Employer complete Section 2 by day 3
• Update as necessary

13
Recordkeeping Requirements

• Retain I-9 forms for 3 years
• Keep consistent copies of identification
  documents
• File I-9 forms separately
• Record name changes

14
USCIS Inspections

• Three days notice given
• No warrant or subpoena required
• ESA also authorized to inspect I-9 forms

15
Penalties for Noncompliance

• Civil penalties
• Criminal penalties
• Federal contractors debarred

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Legal RequirementsMatch the Documents to the List
List A List B List C
U.S. passport
U.S. military card
Social Security card
Drivers license
TemporaryResident card
Birth certificate
Temporary Resident card
SocialSecurity card
U.S. military card
Drivers license
U.S. passport
Birth certificate
17
Legal Requirements

• Do you understand
• Requirements of the Immigration Reform and
  Control Act?
• Organizations immigration and hiring policy?
• I-9 forms and related documentation?
• Recordkeeping requirements?
• USCIS inspections and penalties?

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Steps to Avoid Discrimination

• Treat all people the same
• Accept the documents an employee presents
• Accept documents that appear to be genuine
• Avoid citizens only or permanent resident
  only policies
• Give the same information and application forms
  to all jobseekers

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Steps to Avoid Discrimination (cont.)

• Base employment decisions on job performance
• Keep I-9 forms on file
• Verify that you have seen required documents
• Update I-9 forms as necessary
• Be aware of who is a citizen

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Good-Faith Compliance

• False documents
• Conflicting documents

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Good-Faith Compliance (cont.)

• Unauthorized employees
• Failures at compliance

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Exceptions to the Verification Rule

• Grandfathered employees
• Rehires

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Agency Referrals, Temps, and Contractors
State job service
Union hiring halls
Employment agencies
Temp agencies
Independent contractors
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Compliance True or False?
Its your job to determine if documents are
genuine. Only noncitizens have to complete I-9
forms. Keep I-9 forms for current employees for
2 years in their personnel files. Failure to
comply with immigration and hiring rules can
result in fines and even criminal prosecution.
25
Compliance

• Do you understand
• How to avoid discrimination?
• Good-faith compliance?
• Exceptions to the verification rule?

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Offer employment contingent on proper
documentation Provide copies of lists A, B, and
C Accept genuine-looking documents Allow 3
business days to produce missing documents
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Require employees to complete I-9 section
1 Complete I-9 within 3 days on job Update forms
as necessary Keep forms for 3 years
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Key Points to Remember

• Immigration law prohibits hiring illegal aliens
• It also prohibits discrimination based on
  national origin or citizenship
• All new employees must produce documents to
  verify identity and eligibility to work in the
  United States
• Ensure that USCIS Form I-9 is properly completed
  and updated as necessary