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| Governmental Regulations |
| Understanding the Immigration Reform and Control Act (IRCA) |
“For employers, the hiring of foreign workers presents at once the greatest reward and the highest risks,” writes David Ware, attorney. “Immigrants have always had the reputation of being hard-working because they have so much at stake.” Other advantages, according to Ware, include the diversity of the workplace and immigrants’ prowess in international business relations.
One of the goals of The Immigration Reform and Control Act (IRCA) of 1986 was to halt the flow of illegal immigration into the United States by penalizing employers who hired them. Because of this legislation, many employers are leery about hiring foreign nationals. The INS has stepped up enforcement dramatically in recent months. Proceedings and fines against employers who violate immigration laws have increased by 1000 percent! No employer can afford to conduct a shoddy employment application process. Part of our service to you is insuring that the I-9 form is completed accurately. This is your best protection against hiring a worker illegally.
There are additional hazards you need to be cautious of when you hire. Because of the IRCA’s “two edged-sword” approach, an employer who is “too careful” about hiring undocumented workers may risk a charge of discrimination. For example, the IRCA prohibits discrimination against “foreign looking” applicants, and makes a “U.S. citizens only” hiring policy illegal for most employers.
Managers and supervisors who oversee the application and hiring process at your worksite need to be trained to document the fact that the application process is the same for any applicant, regardless of race. Be sure that you do not prefer one document over another for purposes of completing the I-9 form. As long as the documents are allowed by law and appear to be genuine on their face and relate to the person, they should be accepted.
Acceptable Form I-9 documents
- U. S. Passport
- Certificate of U. S. citizenship
- Certificate of naturalization
- Unexpired foreign passport with right-to-work authorization
Identity only
- Resident alien card with photo ID
- Driver’s license with photo
- U. S. Military card
- Government ID card
Right to work only
- Social Security card
- U. S. birth certificate
- INS employment authorization
- Reentry permit
Native American tribal documents
Source: Ware, David A. M. “Immigration Overview For Employers” www.david-ware.com/viewemploy.html
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