The Immigration Reform and Control Act of 1986 (IRCA) requires all employers to verify the employment eligibility of their employees and imposes significant penalties for employing unauthorized workers. See 8 U.S.C. § 1324a. The challenge for employers is that they may neither ask too many questions, nor too few. Failing to ask for enough information exposes employers to penalties under IRCA. Asking impermissible questions concerning an employee’s ethnic heritage or national origin exposes employers to damages under the discrimination laws. With the number of government investigations steadily increasing, the purpose of this article is to highlight IRCA compliance in order to strike the proper balance.
Completing the I-9 Form
Compliance with IRCA begins and ends with the accurate completion and retention of I-9 forms. Even an employer not shown to have hired undocumented workers is subject to fines under IRCA for any errors or blank sections on the I-9 form. A completed I-9 form must be retained for all employees (citizens and noncitizens) hired after Nov. 6, 1986. The form I-9 verification process must begin after an applicant has accepted a job offer.
