Immigration and Hiring

1. Immigration and Hiring What Supervisors Need to Know

2. 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

3. Immigration Reform and Control Act • Hiring of illegal aliens is prohibited • Employment discrimination is prohibited • Applies to employers with 4+ employees

4. What the Law Requires • Proof of identity • Verification of employment eligibility • Completion of I-9 form

5. 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

6. 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

7. 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

8. 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

9. Inspection of Documents:List C • U.S. Social Security card • Certification of birth abroad • Original or certified copy of U.S. birth certificate

10. 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

11. Employees Unable to Produce Documents • Three business days to produce documents • Receipt showing applied for documents • 90 days to produce documents applied for • Termination

12. I-9 Forms • Employee complete Section 1 by day 1 • Employer complete Section 2 by day 3 • Update as necessary

13. Recordkeeping Requirements • Retain I-9 forms for 3 years • Keep consistent copies of identification documents • File I-9 forms separately • Record name changes

14. USCIS Inspections • Three days’ notice given • No warrant or subpoena required • ESA also authorized to inspect I-9 forms

15. Penalties for Noncompliance • Civil penalties • Criminal penalties • Federal contractors debarred

16. 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

17. 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?

18. 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

19. 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

20. Good-Faith Compliance • False documents • Conflicting documents

21. Good-Faith Compliance (cont.) • Unauthorized employees • Failures at compliance

22. Exceptions to the Verification Rule • “Grandfathered” employees • Rehires

23. Agency Referrals, Temps, and Contractors State job service Union hiring halls Employment agencies Temp agencies Independent contractors

24. 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.

25. Compliance • Do you understand: • How to avoid discrimination? • Good-faith compliance? • Exceptions to the verification rule?

26. 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

27. 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

28. 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