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F255.SBE
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1992-10-01
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@059 CHAP 5
┌──────────────────────────────────────────┐
│IMMIGRATION LAW REQUIREMENTS FOR EMPLOYERS│
└──────────────────────────────────────────┘
The Immigration Reform and Control Act of 1986 represents a
major governmental intrusion into the relationship between
you and and your employees. Under this law, employers are
prohibited from hiring illegal aliens and are subject to
fines of $250 to $20,000 for each illegal alien hired after
November 6, 1986, depending on the number of prior viola-
tions by the employer. The Act also prohibits employment
discrimination on the basis of citizenship status and na-
tional origin. Employers may not fire or fail to hire any-
one on the basis of foreign appearance, language, or name.
For all employees hired after November 6, 1986, employers
are required to verify their eligibility for employment,
within 3 business days of each new hire. A fairly simple
one-page Form I-9 must be completed for each employee who
is hired. The employee fills out the top portion of the
form, indicating whether he or she is (1) a citizen or na-
tional of the United States, (2) an alien lawfully admitted
for permanent residence, or (3) an alien who is authorized
by the Immigration and Naturalization Service ("INS") to
work in the United States.
As employer, you must fill out the bottom portion of the
I-9 form, which consists of 3 lists of identity and em-
ployment eligibility documents. You must check off the
documents you have examined (such as passport, Certificate
of Naturalization, etc.), which must include either one
document in List A or one each in Lists B and C. Both em-
ployer and employee must sign the form under penalty of
perjury, and the employer must retain the completed form in
the event the INS or Department of Labor requests it in an
inspection.
Obtain copies of Form I-9 and a related "Employer's Hand-
book" from the nearest office of the U.S. Immigration and
Naturalization Service. For more information on employer
responsibilities call toll-free 1-800/777-7700 and request
category #6.
Follow these procedures for each new employee you hire:
. Hire only citizens and aliens lawfully authorized
to work in the U.S.
. Continue to advise all new job applicants of your
policy to such effect.
. Require all new employees to complete and sign the
verification form (Form I-9) to certify that they
are eligible for employment.
. Examine documentation presented by new employees,
record information about the documents on the
verification form, and sign the form (Form I-9).
. Retain the form for three years or for one year
past the end of employment of the individual,
whichever is longer.
. If requested, present the form for inspection by
INS or Department of Labor officers. NO REPORTING
IS REQUIRED.
@CODE: LS
There are no restrictions on immigration in @STATE.
However, emigration is illegal, and anyone caught at-
tempting to emigrate will be utilized for landfill and/or
composting purposes.
@CODE:OF