Immigration and employment — E-Verify

Probably the most prevalent of the laws employers need to be aware of regarding immigration, the Immigration Reform and Control (IRCA), which amended the Immigration and Nationality Act and was subsequently amended by the Illegal Immigration Reform and Immigration Responsibility Act, regulates employers by:

• imposing restrictions prohibiting employers from knowingly hiring or continuing to employ individuals without proper authorization to work in the United States or using a contract to obtain the labor of a worker that the employer knows is not authorized to work in the United States

• penalizing employers for failing to verify the identity and employment authorization for all employees (i.e., fully complete the Form I-9 at the time of hire)

• prohibiting discrimination on the basis of national origin or citizenship status. 

Each of these restrictions is discussed in more detail herein to help employers ensure that they are in compliance with the employment eligibility verification and nondiscrimination requirements of the IRCA.

Hiring unauthorized workers

Under the IRCA, it is illegal for employers to hire or continue to employ individuals knowing that the individual is not authorized to work...

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