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Aliens and Immigration
National Summary
The Immigration Reform and Control Act of 1986 (IRCA) bars employers from hiring individuals, including undocumented immigrants, 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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102240news.aspxAliens and ImmigrationNews On Thin ICE? Must Be Time for an Immigration Enforcement Update! 10/31/2017National
102197news.aspxAliens and ImmigrationNews New Mexico Onion Farm Pays Fines for Favoring Foreign Hires 10/09/2017National
95291faqs.aspxAliens and ImmigrationQuestions & Answers Can a staffing agency share Form I-9 information with a customer that asks to review it before a worker is placed at the customer's business? 04/29/2014National
93185faqs.aspxAliens and ImmigrationQuestions & Answers Can completed I-9 forms be maintained electronically? Must we also keep the paper copy? 03/01/2013National
92949faqs.aspxAliens and ImmigrationQuestions & Answers Can we have a notary public inspect I-9 documents for an employee who works out of state? 01/15/2013National
91210faqs.aspxAliens and ImmigrationQuestions & 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
91093faqs.aspxAliens and ImmigrationQuestions & Answers Do Resident Alien cards need to be reverified if they expire? 03/05/2012National
91041faqs.aspxAliens and ImmigrationQuestions & Answers How do we correct errors found on Forms I-9 during the self-audit process? 02/27/2012National
90967faqs.aspxAliens and ImmigrationQuestions & Answers The I-9 form now requires unexpired passports. Do I need to have employees whose passports have expired show me their new passports? 02/14/2012National
90675faqs.aspxAliens and ImmigrationQuestions & Answers How often should employees renew their I-9 forms? 12/30/2011National
90625faqs.aspxAliens and ImmigrationQuestions & 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
88948faqs.aspxAliens and ImmigrationQuestions & Answers Is it acceptable to have a faxed or scanned copy of documents provided for the I-9 form? 07/21/2011National
87006faqs.aspxAliens and ImmigrationQuestions & Answers Do you have a sample immigration policy for use by managers and employers? 04/18/2011National
86563faqs.aspxAliens and ImmigrationQuestions & Answers When auditing our I-9s, we found some errors in Section 2. Can we use white out to correct them? Should employees fill out new I-9s? 03/29/2011National
86457faqs.aspxAliens and ImmigrationQuestions & Answers When an employee marries what are the necessary items that must be changed on the I9 form? 03/24/2011National
85672faqs.aspxAliens and ImmigrationQuestions & Answers We are a Federal Contractor. When complying with the I-9 regulations we are currently “re-verifying” everyone as there documentation expires. Is this correct? 02/24/2011National
85041faqs.aspxAliens and ImmigrationQuestions & Answers Can an employee use a P.O. Box instead of a physical address on an I-9 form? 01/31/2011National
83676faqs.aspxAliens and ImmigrationQuestions & Answers For change of name only, is it beest practice to have employee fill out new I9 form? 11/04/2010National
83670faqs.aspxAliens and ImmigrationQuestions & 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
83583faqs.aspxAliens and ImmigrationQuestions & Answers What are the required federal tax deductions for an OPT visa? 10/21/2010National
83552faqs.aspxAliens and ImmigrationQuestions & Answers If we use E-Verify do we have to keep copies of documents that employees provide? 10/18/2010National
82572faqs.aspxAliens and ImmigrationQuestions & Answers How do we complete I-9 forms for remote workers located at various sites across the country? 06/22/2010National
82543faqs.aspxAliens and ImmigrationQuestions & 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
82546faqs.aspxAliens and ImmigrationQuestions & Answers How long is the time period for an H1B transfer? 06/21/2010National
82286faqs.aspxAliens and ImmigrationQuestions & 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
82277faqs.aspxAliens and ImmigrationQuestions & 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
82254faqs.aspxAliens and ImmigrationQuestions & Answers Do any states mandate that we take copies of I-9 documentation? 05/11/2010National
82168faqs.aspxAliens and ImmigrationQuestions & 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
82134faqs.aspxAliens and ImmigrationQuestions & 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
81750faqs.aspxAliens and ImmigrationQuestions & 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
81712faqs.aspxAliens and ImmigrationQuestions & 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
81560faqs.aspxAliens and ImmigrationQuestions & Answers We have an employee here on an L-1B visa. The employee wants to get Permanent Resident status but we do not want to petition on his behalf. Does he have to work continually while he applies for a green card? 01/19/2010National
81006faqs.aspxAliens and ImmigrationQuestions & Answers Is it true that we do not have to reverify Permanent Resident Alien Cards? 10/20/2009National
80997faqs.aspxAliens and ImmigrationQuestions & Answers What are an employer's obligations with respect to verifying employment authorization documents, such as a Social Security Card? 10/19/2009National
80737faqs.aspxAliens and ImmigrationQuestions & Answers How long does an employee have to contest an E-Verify "tentative non-confirmation" letter from DHS? 09/11/2009National
80695faqs.aspxAliens and ImmigrationQuestions & Answers How long do you have to keep I9 forms on file for terminated employees? 09/10/2009National
80645faqs.aspxAliens and ImmigrationQuestions & 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
80635faqs.aspxAliens and ImmigrationQuestions & Answers With the new E-Verify requirement for companies with federal contracts, I need to know the definition of or criteria for federal contracts. 08/31/2009National
80628faqs.aspxAliens and ImmigrationQuestions & Answers Is the employer required to get an updated permanent resident card upon expiration? 08/28/2009National
80330faqs.aspxAliens and ImmigrationQuestions & Answers How do I update/revise the I-9 Form? 07/26/2009National
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