The Immigration Reform and Control Act of 1986 (IRCA) made the knowing employment of unauthorized aliens illegal. With the enactment of IRCA, the legal obligations of employers, hiring new employees have been greatly increased. Employers are required to verify the identity and eligibility for employment of all persons they hire after November 6, 1986. It is also unlawful for employers to knowingly hire a person who is not authorized to work in the U.S., or continue to employ such a person. Thus, IRCA requires employers to complete a Form I-9 for each new employee.

Offenses

• Failure to properly complete an I-9
• Knowingly hiring, continuing to employ, or contacting to obtain the services of an unauthorized alien
• Providing or knowingly accepting false social security cards
• Pattern and practice of I-9 compliance failure

Monetary Sanctions

• Failure to properly comply with immigration employment laws can result in fines totaling $10,000 or more.

On the other hand, demanding excessive documentation, can result also result in substantial fines. IRCA's anti-discrimination provisions prohibit employers of four or more employees from discriminating against certain protected individuals (including permanent residents, temporary residents, special agricultural workers, refugees, and asylees) with respect to hiring, discharging, recruiting, or referring for a fee.

Related offenses

• Refusal to hire someone because of temporary work authorization
• Insistence on INS documents in lieu of other valid documents
• Confusion or ignorance about other acceptable forms of documentation- e.g. I-551 green card passport stamps or employment authorization stamps on the I-94.

How Can Your Company Protect Itself?

Read through all of the available information below. If you believe our services may be of use to your company, please contact us.

• Completion of the I-9
• Common I-9 Compliance Problems
• Private I-9 Audit
• INS Guidelines for Conducting a Private I-9 Audit

Private I-9 audits are a valuable tool in preventing employer liability. They can be the key to saving an employer from substantial fines and sudden decreases in work force. All employers, and especially those who often hire alien workers, should protect themselves by conducting such audits. We understand the overwhelming nature of this project, and realize that many employers would prefer to avoid the problems of conducting an I-9 audit themselves. Latour and Lleras can assist your company in protecting itself through a confidential, internal I-9 audit. Contact us today!