IRCA: Hiring Immigrants

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in Compensation and Benefits,Employment Law,Firing,Hiring,Human Resources

Two laws govern U.S. immigration policy: the Immigration and Nationality Act of 1952 and the Immigration Reform and Control Act (IRCA) of 1986, which was amended in 1990.

For each new employee hired, U.S. employers must complete a Form I-9, Employment Eligibility Verification. The I-9 establishes the employee’s identity and his or her legal work status. Employers can hire only those eligible to work legally in this country.

New employees must fill out Section 1 on their first day of work. Employers must complete Section 2 for each employee within three business days after employment begins. You must keep an employee’s I-9 on file for three years after his or her hiring date or for one year after the date of termination, whichever comes later. Failure to complete I-9 forms can lead to significant penalties.

Note: Some states require employers to keep I-9s on file as long as the employee is employed, so check the law in your ...(register to read more)

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