Employer Sanctions and Unfair Immigration-Related Employment Practices
Businesses need to strike a delicate balance when making hiring decisions. Employers are required under federal law to confirm employee eligibility to work in the US. At the same time, employers must also comply with federal law that prohibits discrimination in hiring based on an employee’s citizenship and national origin. Good record keeping is essential, as is knowledge of all requirements of employer compliance and sanctions.
To prove your employees’ eligibility to work in the US, you must complete USCIS Form I-9 Employment Eligibility Verification for each employee and obtain proof each employee’s identity and employment authorization in the United States. Employers are supposed to submit this information to the Department of Homeland Security (DHS), attest to the accuracy of the records and retain them. Employers must also re-verify eligibility of their employees, whenever an employee’s evidence of employment authorization expires or when there is a change in the employee’s citizenship changes.