According to the Department of Homeland Security, undocumented immigrants make up 3.5% of the United States’ population, and that number is steadily growing. Many of these individuals and families come to the USA in the hope of finding work, but there are many laws that keep them from doing so. Today, we answer five of the top questions that you need to know to keep you a safe, fair, and legal employer.
What documents are required by the Immigration Reform and Control Act (IRCA) for new hire verification?
Employees must provide employers with documents that show (1) identity and (2) employment eligibility. Employees must also complete Form I-9 attesting under penalty of perjury that they are either U.S. nationals or aliens authorized to work in the United States. When completing Section 2, either one “List A” document or one each of documents from “List B” and “List C” must be provided. “List A” documents include U.S. passports and prove both identity and employment eligibility; “List B” documents include state-issued driver’s licenses, which prove only identity; and “List C” documents, such as a Social Security cards, prove only employment eligibility. Any discrepancies in these documents aren’t immediate grounds for termination, but specific actions must be taken at that point to validate employment status.