Immigration Reform and Control Act, among other state and federal laws/regulations, sets forth certain procedures that must be met in hiring foreign-born applicants.
Under the Immigration Reform and Control Act (IRCA), employers may hire immigrants only if they are legally authorized to work in the United States. As an employer, you are obligated to verify the employment eligibility of each person you wish to hire. This requires that you complete and maintain a record of a Form I-9 (Employment Eligibility Verification Form). |
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If you learn that the job applicant or employee lacks the proper work documentation, you are not required to report the individual to the INS. However, you are not permitted to hire or continue paying the person once you become aware that he or she is without the needed documentation.
If you hire or continue to employee an unauthorized worker, you could face the following civil penalties:
- $250 to $2,000 per unauthorized alien when there have been no prior violations
- $2,000 to $5,000 per unauthorized alien if there has been one prior violation
- $3,000 to $10,000 per unauthorized alien if there have been two or more prior violations
A criminal penalty could be imposed if the violations demonstrate a pattern or indicate that you knowingly continued to hire or employ unauthorized aliens. This may include a fine of up to $3,000 per unauthorized alien, imprisonment of up to six months, or both.
Being able to demonstrate that you have made a "good faith" effort to verify employees' eligibility can help establish a defense that you did not knowingly hire an unauthorized alien. It can also help you avoid penalties and sanctions.
An attorney can help you establish practices that help protect you from the civil and criminal penalties associated with violating the laws and regulations for hiring non-U.S. citizens. |
