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@059 CHAP 5
┌──────────────────────────────────────────┐
│IMMIGRATION LAW REQUIREMENTS FOR EMPLOYERS│
└──────────────────────────────────────────┘
"Send me your well-rested, your rich, your jetsetting
yacht people..." -- New motto on the Statue of Liberty
(apparently placed there some time during the '80s)
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 violations by the employer. The Act also prohibits employment
discrimination on the basis of citizenship status and national origin.
Employers may not fire or fail to hire anyone 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 hired. The employee fills out the top portion of the
form, indicating whether he or she is (1) a citizen or national 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 employment 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
employer 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 Handbook" 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 infor-
mation 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 Depart-
ment of Labor officers. NO REPORTING IS REQUIRED.
@CODE: LS
There are no restrictions on immigration in @STATE. However,
emigration is illegal, and anyone caught attempting to emigrate will be
utilized for landfill and/or composting purposes.
@CODE:OF