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July 3, 2006: Important Information on Employer Compliance and Form I-9 Employment Verification |
In 1986 Congress
passed the Immigration Reform and Control Act (IRCA) which
requires all employers to verify the employment eligibility
and identity of all employees hired to work in the United
States. To comply with IRCA, an employer is responsible for
the completion of an Employment Eligibility Verification
Form (Form I-9) for each employee, including U.S. citizens.
In addition, employers are also required to retain original,
completed I-9 forms for the longer period of either three
years after the date of hire or one year after the date of
termination.
Although the failure to comply with IRCA carries both
criminal and civil penalties, past U.S. government
initiatives have focused on education more so than on
enforcement. Now, twenty years after the enactment of IRCA,
the trend has drastically shifted to enforcement. In fact,
Immigration and Customs Enforcement (ICE) has initiated
worksite enforcement operations throughout the U.S.
targeting industries where employers knowingly hire
undocumented workers seeking penalties against both the
employers and the undocumented workers alike.
In conjunction with the U.S. government’s renewed interest
in enforcing the employer verification requirements, ICE
published two proposed regulations. The first proposed
regulation deals with electronic I-9s, permitting employers
to complete and sign versions of the Form I-9
electronically. The second proposed regulation deals with
the use of fraudulent Social Security numbers by
undocumented workers and clarifies the impact of a no-match
letter from the Social Security Administration. Both
regulations are subject to a 60-day public comment period,
but became effective on an interim basis on June 14, 2006.
The implementation of these regulations appears to be the
first-step toward anticipated changes in worksite
enforcement. We will make every effort to keep you updated
on additional changes, and recommend that you continue to
refer to our website for additional postings. |
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