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Immigration — Virginia

Employment verification

According to federal immigration laws, such as the Immigration Reform and Control Act (IRCA), new employees and their employers must complete an “attestation” contained on a Form I-9 under penalty of perjury. The employee must attest that he or she is authorized to work in the United States and is not an undocumented immigrant. The employer must attest that it has reviewed the employee’s identification documents and that the documents appear to be genuine. The employee should fill out Section 1 of the form on the first day of employment. The employer must complete and sign Section 2 of the form within three business days of the first day of employment. The I-9 form must be completed – an employer cannot simply attach photocopies of the employee’s documentation. An employer should not hire a person who will not fill out the form. The I-9 form for each employee should be retained for three years after the date of hire or one year after the employment relationship ends, whichever is later. For a copy of the I-9 form instructions visit:

For a copy of the I-9, see...


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