A Guide for Managing Workplace Immigration Rules

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A Guide for Managing Workplace Immigration Rules

As the debate around immigration reform heats up, many employers are worried.

Their concerns, however, stem less from the issues the media tends to focus on, such as President Trump's plan to build a wall along the Mexican border or illegal immigration. Instead, what’s impacting employers is changing legal immigration rules and procedures.

While all U.S. employers are required to confirm an employee is eligible to work in this country, tighter restrictions, process backlogs and changing laws are making this and other essential parts of the hiring and employment process more burdensome for the average employer.

The following are some of the key immigration laws and government programs that all employers should know about.

Employment work authorization verification

Under the Immigration Reform and Control Act of 1986 (IRCA), employers cannot knowingly hire someone who is not authorized to work in the U.S. This is a continuing obligation to ensure employees are authorized to work in the U.S. for the duration of their employment. Employers use the I-9 form to verify employment authorization as well as an individual’s identity. The form must be completed within three days of employment regardless of whether the individual is a U.S. citizen or not. IRCA regulations are clear that knowingly violating immigration laws will result in penalties.

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Here is a list of the top compliance issues effecting private employers in New York as of this summer. 

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