31511231/0603 © 2003 Business & Legal Reports, Inc. Immigration and Hiring BLR’s Human Resources Training Presentations

31511231/0603 © 2003 Business & Legal Reports, Inc.

Immigration and Hiring

BLR’s Human Resources Training Presentations


Goals

Be aware of Immigration Reform and Control Act requirements

Know which documents are used to verify identity and work eligibility

Understand your responsibility for ensuring completion of the I-9 form

Know which hiring practices are considered discriminatory


Immigration Reform and Control Act

Hiring of illegal aliens prohibited Discrimination prohibitedApplies to employers with 4+ employees


What the Law Requires

Proof of identity Verification of

employment eligibility I-9 form


Inspection of Documents: List A

U.S. passport Foreign passport with

I-551 stamp or Form I-94 Alien Registration

Receipt Card Temporary Resident Card Employment Authorization Card Employment Authorization Document


Inspection of Documents: List B

Driver’s license or state ID Federal or local ID School ID Voter’s registration card U.S. military card Military dependent’s ID


Inspection of Documents: List B (cont.)

U.S. Coast Guard Merchant Mariner Card Native American tribal document Canadian driver’s license School record or report card Clinic, doctor, or hospital record Daycare or nursery school record


Inspection of Documents: List C

Social Security card Birth certificate Native American tribal

document U.S. Citizen ID Card Resident Citizen ID Card Employment authorization document


Employees Unable To Produce Documents

Three business days to produce documents

Receipt showing applied for documents

90 days to produce documents Termination


I-9 Forms

Section 1 completed by employee by Day 1

Section 2 completed by employer by Day 3

Update as necessary


10 Steps to Avoid Discrimination

1. Treat all people the same

2. Accept the documents an employee presents

3. Accept documents that appear to be genuine

4. Avoid “citizens only” or “permanent resident only” policies

5. Give the same information and application forms to all jobseekers


10 Steps to Avoid Discrimination (cont.)

6. Base employment decisions on job performance

7. Keep the I-9 form on file

8. Verify that you have seen required documents

9. Update the I-9 form as necessary

10. Be aware of who is a citizen


Good-Faith Compliance

False documents Conflicting documents Unauthorized employees Failures at compliance


Exceptions to the Verification Rule

“Grandfathered” employees

Rehires


Agency Referrals, Temps, and Independent Contractors

State job service Union hiring halls Employment agenciesTempsIndependent contractors


Recordkeeping

Retain I-9 forms for three years

Keep consistent copies of identification documents

File I-9 forms separately Record name changes


INS Inspections

Three days’ notice given No warrant or subpoena required ESA also authorized to inspect I-9s


Penalties

Civil penalties Criminal penalties Contractors debarred


Compliance Checklist

Interviews Lists A, B, and C Inspection of documents Insufficient documentation


Compliance Checklist (cont.)

I-9–employees I-9–employers I-9 updates Recordkeeping


Case Study: Questionable Documents

Employee submits identity documents Employer examines documents Documents appear suspicious


Case Study: Comment

Refuse to accept documents Ask for further documentation Contact the authoritiesTermination


Case Study: Application Denied

Applicant speaks with heavy accent Applicant is well qualified for the job Employer asks about citizenship Employer asks for documentation Employer rejects application Employer hires U.S. citizen for the job


Case Study: Comment

Don’t single out foreign-appearing applicants Don’t base hiring decision on non-job-

related factors Don’t ask about citizenship during interview Don’t ask for documentation until job

offer made Don’t reject applicants on the basis of national

origin or citizenship


Goals

Be aware of the basic requirements of the Immigration Reform and Control Act

Know which documents may be used to verify identity and eligibility to work

Understand your responsibility for ensuring completion of the I-9 form

Recognize hiring practices and procedures that may be considered discriminatory under the immigration laws


Summary

Immigration law prohibits hiring illegal aliens It also prohibits discrimination based on

national origin or citizenship All new hires must produce documents to

verify identity and eligibility to work inthe United States

New hires must also complete Section 1 of the I-9 form and sign and date it


Summary (cont.)

You must complete the rest of the I-9 form and ensure that all required documentation has been verified

Completed I-9 forms and copies of documentation should be kept on file and updated as necessary


Quiz

1. The Immigration Reform and Control Act prohibits employers from taking two actions when hiring new employees. What are they?

2. An expired foreign passport is an acceptable List A document, establishing both an employee’s identity and eligibility to work in the United States. True or False

3. List B documents establish only eligibility to work in the United States. True or False


Quiz (cont.)

4. What action should you take if a new employee is unable to produce proper documentation?

5. I-9 forms should be completely filled out by the employer and mailed to INS within three business days of hiring a new employee. True or False

6. If documents that you accepted as genuine later turn out to be false, you may be liable for penalties under the law. True or False


Quiz (cont.)

7. Name three exceptions to the rule that employers must verify the status of all employees.

8. How long do you need to keep I-9 forms? 9. I-9 forms should be kept in the employee’s

personnel file. True or False

10. Who is responsible for verifying the status of temps and independent contractor’s employees?


Quiz Answers

1. Employers are prohibited from hiring illegal aliens and from discriminating on the basis of national origin or citizenship.

2. False. A foreign passport is an acceptable List A document, but it must be current and have an I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization.

3. False. List B documents establish identity only. List C documents establish eligibility to work. And List A documents establish both.


Quiz Answers (cont.)

4. Under the law an employer cannot continue to employ an employee who cannot present documentation that meets the requirements. Employees have three business days to produce required documents or a receipt showing that they have applied for the documents. Employees who have a receipt have 90 days to produce documents.

5. False. Employees must fill out Section 1. Employers fill out the rest of the form. Then the employer must keep the forms on file.



6. False. INS will not penalize you as long as you made a good-faith effort to examine documents, and they appeared to be genuine. If a document appears on its face to be false, however, you cannot accept it. You should contact the local office of the Bureau of Immigration and Customs Enforcement or the Justice Department’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).



7. You do not need to verify status for employees hired before November 6, 1986, employees who have been rehired within three years of filling out an I-9, and employees hired from the state job service with certification that verification has been made.

8. You must keep I-9s for three years from the date of hire or one year after termination, whichever is longer.



9. False. Since these forms contain information about an employee’s citizenship and age information, they should be kept in a locked file, separate from other personnel files.

10. The person who pays a temp or contractor’s employee is responsible for verifying status. Generally, this will be the temp agency or the independent contractor, not the employer.