This is a summary of one of the major employment laws of the United States and its territories.   Immigration law is a very narrow area of legal specialization and employers should consult an attorney who specializes in Immigration Law when  questions arise about immigration issues.  We discourage the use of "immigration consultants".  

VERIFICATION OF IDENTITY AND WORK ELIGIBILITY

It is unlawful to employ any person who is not lawfully entitled to work in the United States or its territories.  Immigration law requires employers to verify the identity and employment eligibility of new hires (not applicants). Employers must use  INS Form I-9 to verify identity and work eligibility.

You can obtain I-9 forms from THE EMPLOYERS COUNCIL or from the U.S. Customs and Immigration Service (CIS).  A sample I-9 Form is available here.  (This I-9 Form can take time to download, depending on the speed of your modem). You can print the form on-line.  These files are written in what the computer wizards call: PDF -- to use PDF files, you need the Acrobat Reader (available FREE below).

Copies of I-9 forms are subject to inspection by Immigration Service officers and agents of the U.S. Department of Labor.  Employers are subject to $1,000 per employee penalties for failing to do these verifications; hiring someone who is not lawfully entitled to work in the U.S. is punishable by fines up to $10,000 per employee.

Frequently Asked Questions About Employment Eligibility

Do citizens and nationals of the U. S. need to prove, to their employers, they are eligible to work?
Yes. While citizens and nationals of the U.S. are automatically eligible for employment, they too must present proof of employment eligibility and identity and complete an Employment Eligibility Verification form (Form I-9). Citizens of the U.S. include persons born in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. Nationals of the U.S. include persons born in American Samoa, including Swains Island.

Do I need to complete a Form I-9 for everyone who applies for a job with my company?
No. You need to complete Form I-9 only for people you actually hire. For purposes of the I-9 rules, a person is "hired" when he or she begins to work for you for wages or other compensation.

I understand that I must complete a Form I-9 for anyone I hire to perform labor or services in return for wages or other remuneration. What is "remuneration"?
Remuneration is anything of value given in exchange for labor or services rendered by an employee, including food and lodging.

Can I fire an employee who fails to produce the required document(s) within three (3) business days?
Yes. You can terminate an employee who fails to produce the required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual document(s) within 90 days of the date employment begins.

What happens if I properly complete a Form I-9 and the INS discovers that my employee is not actually authorized to work?
You cannot be charged with a verification violation; however, you cannot knowingly continue to employ this individual. You will have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien unless the government can prove you had actual knowledge of the unauthorized status of the employee.

What is my responsibility concerning the authenticity of document(s) presented to me?
You must examine the document(s) and, if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If a document does not reasonably appear on its face to be genuine and to relate to the person presenting it, you must not accept it. You may contact your local INS office for assistance.

May I accept a photocopy of a document presented by an employee?
No. Employees must present original documents. The only exception is an employee may present a certified copy of a birth certificate.