In this recurring DHR blog feature, Christine La fore (Associate General Counsel for DHR) brings clarity and definition to sometimes confusing terms that hold importance for employers and their HR policies. Christine has reviewed and analyzed countless legal documents and rulings and uses her expertise to help employers properly understand these items to apply policy and promote compliance.
In 1986 in an effort to control illegal immigration, Congress passed the Immigration Reform and Control Act (IRCA). IRCA forbids employers from knowingly hiring individuals who are not authorized to work in the United States. To comply with the employment eligibility requirements, employers are required to verify the identity and employment authorization documents and complete and retain a Form I-9 for each employee hired after November 6, 1986. The Form I-9 is published by the U.S. Citizenship and Immigration services.
The form has a section for the employee and employer (or an authorized representative of the employer) to complete.
The employee must:
- enter their information including full name, address and date of birth
- attest to his or her employment authorization
- present the employer with acceptable documents supporting identity and employment authorization
The employer must:
- examine and record the documents provided by the employee
- review the documents to determine whether they reasonably appear to be genuine and relate to the employee
Failure to comply with the Form I-9 requirements could result in civil penalties against the employer. DHR will be providing a complimentary webinar on the new Form I-9 on January 05, 2017 - Register for the webinar here.