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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
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.
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.
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.
Once the base fine amount is determined, the five statutory factors (size of the business, good faith of the employer, seriousness of the violation(s), involvement of unauthorized worker(s), and history of previous violation(s)) will be given consideration by ICE to determine the total civil penalty fine amount for the
To comply with the law, employers must: Verify the identity and employment authorization of each person they hire; Complete and retain a Form I-9, Employment Eligibility Verification, for each employee; and. Refrain from discriminating against individuals on the basis of national origin or citizenship.
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.
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