Immigration Reform and Control Act

TL;DR

The Immigration Reform and Control Act imposes requirements on employers to prevent hiring unauthorized immigrants and prohibits discrimination based on national origin and citizenship.

Transcript

let's take a look at the immigration reform and Control Act the immigration reform and Control Act has two main requirements first all employers are prohibited from knowingly hiring or retaining on the job unauthorized aliens second employers with four or more employees are prohibited from discriminating on the basis of national origin and citizens... Read More

Key Insights

• 🌍 The Immigration Reform and Control Act prohibits employers from knowingly hiring unauthorized immigrants and discriminating based on national origin and citizenship.
• 🇺🇸 Employers must verify the eligibility to work in the United States by viewing and recording specific documents within three days of hiring.

Questions & Answers

Q: What are the main requirements of the Immigration Reform and Control Act?

The Act prohibits employers from knowingly hiring unauthorized immigrants and from discriminating based on national origin and citizenship.

Q: Do non-discrimination provisions apply to all job applicants?

No, non-discrimination provisions only apply to citizens and legal immigrants, not all job applicants.

Q: How do employers verify the eligibility to work in the United States?

Within three days of hiring, employers must view and record documents such as a social security card, driver's license, or birth certificate to establish identity and eligibility.

Q: How long should employers retain I-9 forms and related documents?

Employers must retain I-9 forms and copies of documents separate from employees' personnel files for at least three years from the date of hire or one year after employment termination, whichever is longer.

Summary & Key Takeaways

• The Immigration Reform and Control Act has two main requirements: prohibiting employers from knowingly hiring unauthorized aliens and prohibiting employers with four or more employees from discriminating based on national origin and citizenship.

• To verify the eligibility to work in the United States, employers must view and record documents establishing identity and eligibility within three days of hiring a new employee.

• The Act's enforcement has become more serious in recent years, with efforts to encourage employers to use government databases for employment eligibility verification, and participation in the E-Verify program becoming mandatory for federal government contractors.