Immigration issues are generally regulated by federal law, and administered by the U.S. Citizenship and Immigration Services (USCIS). This text outlines employment eligibility verification requirements and E-Verify for federal contractors and provides a general overview of employment-based immigration law, including nonimmigrant visas, labor certification, and permanent residency. Immigration enforcement has recently become an area of ever-changing regulation. Employers looking to hire foreign nationals are encouraged to seek competent immigration counsel.
The Immigration Reform and Control Act of 1986 (IRCA) prohibits the hiring and continued employment of individuals whom an employer knows are unauthorized to work in the United States. To comply with federal law, an employer must verify the employment eligibility and identity of all employees hired after November 6, 1986, by completing Form I-9 for all employees, including U.S. citizens and non-U.S. citizens.
An employer must retain Form I-9 for each employee for either three years after the date of hire or for one year after employment is terminated, whichever is later. Employers should take care to be certain that they are using the most recent I-9 form containing an expiration date...
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