Immigration and Hiring

Immigration and HiringWhat Supervisors Need to Know

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Session ObjectivesUnderstand Immigration Reform and Control Act requirements

Identify documents needed to verify identity and work eligibility

Carry out your responsibilities for ensuring completion of the I-9 form

Avoid discriminatory hiring practices


Immigration Reform and Control Act• Hiring of illegal aliens is prohibited

• Employment discrimination is prohibited

• Applies to employers with 4+ employees


What the Law Requires• Proof of identity

• Verification of employment eligibility

• Completion of I-9 form


Inspection of Documents:List A• U.S. passport

(unexpired or expired)

• Unexpired foreign passport

• Alien Registration Receipt Card or Permanent Resident Card

• Unexpired Employment Authorization Card with a photograph

Image Credit: USCIS


• Unexpired foreign passport with Arrival-Departure Record

• Unexpired foreign passport with MRIV and unexpired temporary I-551 stamp

• Unexpired foreign passport with MRIV, temporary I-551 language, endorsed with an unexpired DHS admission stamp

Inspection of Documents:List A (cont.)


• Driver’s license or ID card issued by the state or outlying possession of the United States

• An ID card issued by federal, state, or local governmental agencies or entities

• School ID card with a photograph

• Voter registration card

Inspection of Documents:List B• Driver’s license or ID card issued by

the state or outlying possession of the United States

• An ID card issued by federal, state, or local governmental agencies or entities

• School ID card with a photograph

• Voter registration card


Inspection of Documents:List B (cont.)

• U.S. military card or draft record

• Military dependent’s ID card

• U.S. Coast Guard Merchant Mariner Card

• Native American tribal document

• Canadian driver’s license


Inspection of Documents:List C• U.S. Social

Security card

• Certification of birth abroad

• Original or certified copy of U.S. birth certificate


Inspection of Documents:List C (cont.)

• Native American tribal document

• U.S. Citizen ID Card (USCIS Form I-197)

• Resident Citizen ID Card (USCIS Form I-179)

• Unexpired employment authorization document issued by the USCIS


Employees Unable to Produce Documents• Three business days

to produce documents

• Receipt showing applied for documents

• 90 days to produce documents applied for

• Termination


I-9 Forms• Employee complete Section 1 by day 1

• Employer complete Section 2 by day 3

• Update as necessary


Recordkeeping Requirements• Retain I-9 forms

for 3 years

• Keep consistent copies of identification documents

• File I-9 forms separately

• Record name changes


USCIS Inspections• Three days’ notice given

• No warrant or subpoena required

• ESA also authorized to inspect I-9 forms


Penalties for Noncompliance• Civil penalties

• Criminal penalties

• Federal contractors debarred


Temporary Resident card

SocialSecurity cardU.S. military cardBirth certificateDriver’s license

Driver’s license

Legal RequirementsMatch the Documents to the List

List A List B List CU.S. passport U.S. military card Social

Security card

Birth certificateTemporary

Resident card

U.S. passport


Legal Requirements Do you understand:• Requirements of the

Immigration Reform and Control Act?

• Organization’s immigration and hiring policy?

• I-9 forms and related documentation?

• Recordkeeping requirements?

• USCIS inspections and penalties?


Treat all people the same

Accept the documents an employee presents

Accept documents that appear to be genuine

Avoid “citizens only” or “permanent resident only” policies

Give the same information and application forms to all jobseekers

Steps to Avoid Discrimination


Steps to Avoid Discrimination (cont.)

Base employment decisions on job performance

Keep I-9 forms on file

Verify that you have seen required documents

Update I-9 forms as necessary

Be aware of who is a citizen


Good-Faith Compliance • False documents

• Conflicting documents


Good-Faith Compliance (cont.)

• Unauthorized employees

• Failures at compliance


Exceptions to the Verification Rule • “Grandfathered”

employees

• Rehires


Temp agencies

Employment agencies

Agency Referrals, Temps, and Contractors

State job service

Union hiring halls

Independent contractors


Compliance: True or False?

It’s your job to determine if documents are genuine.

Only noncitizens have to complete I-9 forms.

Keep I-9 forms for current employees for 2 years in their personnel files.

Failure to comply with immigration and hiring rules can result in fines and even criminal prosecution.


ComplianceDo you understand:

• How to avoid discrimination?

• Good-faith compliance?

• Exceptions to the verification rule?


Offer employment contingent on proper documentation

Provide copies of lists A, B, and C

Accept genuine-looking documents

Allow 3 business days to produce missing documents


Require employees to complete I-9 section 1

Complete I-9 within 3 days on job

Update forms as necessary

Keep forms for 3 years


Key Points to Remember

Immigration law prohibits hiring illegal aliens

It also prohibits discrimination based on national origin or citizenship

All new employees must produce documents to verify identity and eligibility to work in the United States

Ensure that USCIS Form I-9 is properly completed and updated as necessary