Office of Federal Contract Compliance Programs (OFCCP)

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Quick Links Links to other Departmental compliance resources: Compliance Assistance Summary of Major DOL Laws Compliance Tools Employment Law Guide

Compliance Assistance —
Immigration Reform and Control Act

• The Law
• The Regulations
• Federal Register

Synopsis of Law

Under IRCA, employers may hire only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). Employers must keep each I-9 on file for at least three years, or one year after employment ends, whichever is longer.

While OFCCP has responsibility for inspecting the I-9 form, the U.S. Immigrations and Customs Enforcement is responsible for employment-related immigration regulations and procedures.

• Immigration and Nationality Act, Section 274A
• Temporary Agricultural Workers (H-2A VISAS), Section 218 of the Immigration and Nationality Act of 1952
• Temporary NonAgricultural Workers (H-2B VISAS), Sections 101(a)(15)(H)(ii)(b) and 214(c)(1) and (g)(1) of the Immigration Act of 1952
• The Immigration and Nationality Act (INA) as amended by
  The Immigration Act of 1990 (IMMACT) and others (H-1B program).
  
• Permanent Employment of Workers Based On Immigration, Immigration and Nationality Act

Additional Information about the I-9 form can be found on the U.S. Immigrations and Customs Enforcement website at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=91919c7755cb9010Vgn
VCM10000045f3d6a1RCRD&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1RCRD