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Aliens and Immigration
National Summary
The Immigration Reform and Control Act of 1986 (IRCA) bars employers from hiring individuals, including illegal aliens, who are not legally entitled to work in the United States. Employers must verify that individuals are eligible to work by obtaining an Employment Eligibility Verification Form, known as Form I-9, and inspecting the required supporting documents at the time of hiring. I-9 forms must be retained for 3 years after the worker is hired or for 1 year after termination, whichever is longer. IRCA prohibits employers from discriminating in hiring, firing, recruiting, or referring on the basis of national origin or citizenship status. It is also illegal to retaliate against an employee who has filed a discrimination charge. This provision applies to employers with four or more employees.
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81006faqs.aspxQuestions & Answers Is it true that we do not have to reverify Permanent Resident Alien Cards? 10/20/2009National
80645faqs.aspxQuestions & Answers An employee had been here working as a permanent resident with a green card. He has now become a U.S. citizen. Do I change his I-9 form to reflect his new status? 09/01/2009National
82134faqs.aspxQuestions & Answers An employee presents a valid driver's license and social security card for I-9 purposes. Does the employer have to "reverify" the license if it expires? 04/20/2010National
85041faqs.aspxQuestions & Answers Can an employee use a P.O. Box instead of a physical address on an I-9 form? 01/31/2011National
93185faqs.aspxQuestions & Answers Can completed I-9 forms be maintained electronically? Must we also keep the paper copy? 03/01/2013National
82286faqs.aspxQuestions & Answers Can the reviewer of an I-9 Form be the same as the employee ( ie. the employee is the HR person)? 05/13/2010National
92949faqs.aspxQuestions & Answers Can we have a notary public inspect I-9 documents for an employee who works out of state? 01/15/2013National
82254faqs.aspxQuestions & Answers Do any states mandate that we take copies of I-9 documentation? 05/11/2010National
91093faqs.aspxQuestions & Answers Do Resident Alien cards need to be reverified if they expire? 03/05/2012National
82543faqs.aspxQuestions & Answers Do unpaid interns need to complete I-9 forms? Is it a good idea to put interns into payroll system even if they're not being paid? 06/21/2010National
87006faqs.aspxQuestions & Answers Do you have a sample immigration policy for use by managers and employers? 04/18/2011National
94384state_comparison_charts.aspxGuidance E-Verify Resumes Operation After Shutdown: Guidance for Employers  National
94314timesavers.aspxChecklists Employee Verification and Civil Rights Checklist  National
79439timesavers.aspxForms Employment Eligibility Verification (I-9 Form, Rev. 03/08/13)  National
83676faqs.aspxQuestions & Answers For change of name only, is it beest practice to have employee fill out new I9 form? 11/04/2010National
77542state_comparison_charts.aspxGuidance Handbook for Employers, Instructions for Completing the Form I-9 (USCIS)  National
80330faqs.aspxQuestions & Answers How do I update/revise the I-9 Form? 07/26/2009National
82572faqs.aspxQuestions & Answers How do we complete I-9 forms for remote workers located at various sites across the country? 06/22/2010National
91041faqs.aspxQuestions & Answers How do we correct errors found on Forms I-9 during the self-audit process? 02/27/2012National
80695faqs.aspxQuestions & Answers How long do you have to keep I9 forms on file for terminated employees? 09/10/2009National
80737faqs.aspxQuestions & Answers How long does an employee have to contest an E-Verify "tentative non-confirmation" letter from DHS? 09/11/2009National
82546faqs.aspxQuestions & Answers How long is the time period for an H1B transfer? 06/21/2010National
90675faqs.aspxQuestions & Answers How often should employees renew their I-9 forms? 12/30/2011National
81712faqs.aspxQuestions & Answers I recently assumed an HR job. During an audit of my Form I-9's I found that the former HR Director did not complete them properly. How should I handle this? 02/10/2010National
81750faqs.aspxQuestions & Answers I recently started an HR job for a new employer. During an audit of the Form I-9s I found that the former HR director did not complete them properly. How should I handle this? 02/15/2010National
82277faqs.aspxQuestions & Answers I'm conducting an I-9 audit and have found that several date versions have been used. For example: the hire date is 9/11/07 and the I-9 version is 5/31/05 and expires 3/31/07. What is the recommended action when 05/12/2010National
83670faqs.aspxQuestions & Answers If a social security card has stated "Valid for work only with INS Authorization" will a Permanent Resident Card suffice for authorization to work? 11/04/2010National
82168faqs.aspxQuestions & Answers If an employee presents a valid driver's license and Social Security card for I-9 purposes, is the employer required to "reverify" the driver's license if it expires? 04/26/2010National
90625faqs.aspxQuestions & Answers If we hire an employee who works remotely in another state, how should we verify the I-9 information when there will be no manager on site? 12/16/2011National
83552faqs.aspxQuestions & Answers If we use E-Verify do we have to keep copies of documents that employees provide? 10/18/2010National
89044timesavers.aspxPolicies Immigration (Standard)  National
77832training.aspxHandouts Immigration and Hiring (Handout)  National
77833training.aspxQuizzes Immigration and Hiring (Quiz)  National
77831training.aspxTraining Talks Immigration and Hiring (Training Talk)  National
15883timesavers.aspxPolicies Immigration Law and I-9 FAQ  National
91450state_comparison_charts.aspxGuidance Immigration, by State  National
91328state_comparison_charts.aspxGuidance Immigration, by State (PDF)  National
91210faqs.aspxQuestions & Answers Is a Social Security card with the wording "valid for work only with DHS authorization" an acceptable document for the Form I-9? 03/23/2012National
88948faqs.aspxQuestions & Answers Is it acceptable to have a faxed or scanned copy of documents provided for the I-9 form? 07/21/2011National
80628faqs.aspxQuestions & Answers Is the employer required to get an updated permanent resident card upon expiration? 08/28/2009National
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