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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.
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.