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- Employment Law Guide A Companion to the FirstStep Employment Law Advisor |
Work Authorization for Non-U.S. Citizens: General Information on Immigration, Including I-9 Forms
Updated: September 2009 Immigration and Nationality Act of 1952, (INA)(http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=act) as amended Who is CoveredThe Immigration and Nationality Act (INA) is administered by the Office of Foreign Labor Certification (OFLC) of the Employment and Training Administration (ETA). The INA includes provisions addressing employment eligibility, employment verification, and nondiscrimination. These provisions apply to all employers. Basic Provisions/RequirementsUnder the INA, employers may hire only persons who may legally work in the United States (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)(http://www.uscis.gov/files/form/i-9.pdf). Employers must keep each I-9 on file for at least three years, or one year after employment ends, whichever is longer. Employee RightsThe INA protects U.S. citizens and aliens authorized to accept employment in the U.S. from discrimination in hiring or discharge on the basis of national origin and citizenship status. Recordkeeping, Reporting, Notices and PostersNotices and PostersNotices and poster requirements vary by the classification of alien or foreign worker being hired. Please see the specific INA chapters to determine the notices and poster requirements for each immigration category. RecordkeepingRecordkeeping requirements vary by the classification of alien or foreign worker being hired. Please see the specific INA chapters to determine the recordkeeping requirements for each immigration category. ReportingReporting requirements vary by the classification of alien or foreign worker being hired. Please see the specific INA chapters to determine the reporting requirements for each immigration category. Penalties/SanctionsEmployers who fail to complete and/or retain the I-9 forms are subject to penalties. The Department of Homeland Security (DHS)(http://www.dhs.gov/) enforces the INA requirements on verification of employment eligibility. The Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices(http://www.usdoj.gov/crt/activity.php#osc) enforces the anti-discrimination provisions. Relation to State, Local, and Other Federal LawsNot applicable. Compliance Assistance AvailableMore detailed information, including copies of explanatory brochures and regulatory and interpretative materials, may be obtained from local offices of the Wage and Hour Division(http://www.wagehour.dol.gov) and the Employment and Training Administration. Please see the specific INA chapters for more information. DOL ContactsEmployment and Training Administration,
Office of Foreign Labor
Certification(http://www.foreignlaborcert.doleta.gov/) Wage and Hour Division(http://www.dol.gov/whd/)
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