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IRCA applies to all employers with four or more employees. Who does this law protect? This law protects all those authorized to work in the US: US citizens, non-citizen nationals, lawful permanent residents, and non-citizens who are authorized to work.
IRCA prohibits employers from knowingly hiring, recruiting, or referring for a fee any alien who is unauthorized to work. The public policy behind this law reflects the concern that the problem of illegal immigration and employment requires greater control and stronger enforcement mechanisms by the federal government.
The Immigration Reform and Compliance Act of 1986 (IRCA) prohibits the employment of unauthorized aliens and requires all employers to: (1) not knowingly hire or continue to employ any person not authorized to work in the United States, (2) verify the employment eligibility of every new employee (whether the employee
Three-day RuleAn E-Verify case is considered late if you create it later than the third business day after the employee first started work for pay. If the case you create is late, E-Verify will ask why, and you can either select one of the reasons provided or enter you own.
Form I-9 is a fillable form, which means you can type your answers directly on the form instead of writing them by hand. To use the enhanced features of Form I-9, use the first link to download the form and save it your computer.
The document review and certification must occur by the third day after the employee begins employment. Employers may elect whether or not to photocopy (and retain) the documents submitted by employees for the Form I-9 process (8 C.F.R. § 274a.
The last employer shall have ten (10) days from the date the notice was mailed or otherwise provided by the Department of Workkforce Services to file his response. If mailed, a response shall be considered to have been filed as of the date of the postmark on the envelope.
The IRCA requires employers to certify (using the I-9 form) within three days of employment the identity and eligibility to work of all employees hired. I-9 forms must be retained for three years following employment or 1 year following termination whichever is later.
Background: President Bush amended Executive Order 12989 on June 6, 2008, requiring all federal contractors to verify the employment eligibility of all persons hired during the contract term and all persons performing work within the United States on the federal contract by using the employment eligibility verification