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Immigration and Hiring. What Supervisors Need to Know. Session Objectives. Understand Immigration Reform and Control Act requirements Identify documents needed to verify identity and work eligibility Carry out your responsibilities for ensuring completion of the I-9 form
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Immigration and Hiring What Supervisors Need to Know
Session Objectives • Understand Immigration Reform and Control Act requirements • Identify documents needed to verify identity and work eligibility • Carry out your responsibilities for ensuring completion of the I-9 form • Avoid discriminatory hiring practices
Immigration Reform and Control Act • Hiring of illegal aliens is prohibited • Employment discrimination is prohibited • Applies to employers with 4+ employees
What the Law Requires • Proof of identity • Verification of employment eligibility • Completion of I-9 form
Inspection of Documents:List A • U.S. passport (unexpired or expired) • Unexpired foreign passport • Alien Registration Receipt Card or Permanent Resident Card • Unexpired Employment Authorization Card with a photograph Image Credit: USCIS
Inspection of Documents:List A (cont.) • Unexpired foreign passport with Arrival-Departure Record • Unexpired foreign passport with MRIV and unexpired temporary I-551 stamp • Unexpired foreign passport with MRIV, temporary I-551 language, endorsed with an unexpired DHS admission stamp
Inspection of Documents:List B • Driver’s license or ID card issued by the state or outlying possession of the United States • An ID card issued by federal, state, or local governmental agencies or entities • School ID card with a photograph • Voter registration card • Driver’s license or ID card issued by the state or outlying possession of the United States • An ID card issued by federal, state, or local governmental agencies or entities • School ID card with a photograph • Voter registration card
Inspection of Documents:List B (cont.) • U.S. military card or draft record • Military dependent’s ID card • U.S. Coast Guard Merchant Mariner Card • Native American tribal document • Canadian driver’s license
Inspection of Documents:List C • U.S. Social Security card • Certification of birth abroad • Original or certified copy of U.S. birth certificate
Inspection of Documents:List C (cont.) • Native American tribal document • U.S. Citizen ID Card (USCIS Form I-197) • Resident Citizen ID Card (USCIS Form I-179) • Unexpired employment authorization document issued by the USCIS
Employees Unable to Produce Documents • Three business days to produce documents • Receipt showing applied for documents • 90 days to produce documents applied for • Termination
I-9 Forms • Employee complete Section 1 by day 1 • Employer complete Section 2 by day 3 • Update as necessary
Recordkeeping Requirements • Retain I-9 forms for 3 years • Keep consistent copies of identification documents • File I-9 forms separately • Record name changes
USCIS Inspections • Three days’ notice given • No warrant or subpoena required • ESA also authorized to inspect I-9 forms
Penalties for Noncompliance • Civil penalties • Criminal penalties • Federal contractors debarred
Legal RequirementsMatch the Documents to the List List AList BList C U.S. passport U.S. military card Social Security card Driver’s license TemporaryResident card Birth certificate Temporary Resident card SocialSecurity card U.S. passport Driver’s license U.S. military card Birth certificate
Legal Requirements • Do you understand: • Requirements of the Immigration Reform and Control Act? • Organization’s immigration and hiring policy? • I-9 forms and related documentation? • Recordkeeping requirements? • USCIS inspections and penalties?
Steps to Avoid Discrimination Treat all people the same Accept the documents an employee presents Accept documents that appear to be genuine Avoid “citizens only” or “permanent resident only” policies Give the same information and application forms to all jobseekers
Steps to Avoid Discrimination (cont.) Base employment decisions on job performance Keep I-9 forms on file Verify that you have seen required documents Update I-9 forms as necessary Be aware of who is a citizen
Good-Faith Compliance • False documents • Conflicting documents
Good-Faith Compliance (cont.) • Unauthorized employees • Failures at compliance
Exceptions to the Verification Rule • “Grandfathered” employees • Rehires
Agency Referrals, Temps, and Contractors State job service Union hiring halls Employment agencies Temp agencies Independent contractors
Compliance: True or False? It’s your job to determine if documents are genuine. Only noncitizens have to complete I-9 forms. Keep I-9 forms for current employees for 2 years in their personnel files. Failure to comply with immigration and hiring rules can result in fines and even criminal prosecution.
Compliance • Do you understand: • How to avoid discrimination? • Good-faith compliance? • Exceptions to the verification rule?
Offer employment contingent on proper documentation Provide copies of lists A, B, and C Accept genuine-looking documents Allow 3 business days to produce missing documents
Require employees to complete I-9 section 1 Complete I-9 within 3 days on job Update forms as necessary Keep forms for 3 years
Key Points to Remember • Immigration law prohibits hiring illegal aliens • It also prohibits discrimination based on national origin or citizenship • All new employees must produce documents to verify identity and eligibility to work in the United States • Ensure that USCIS Form I-9 is properly completed and updated as necessary