Immigration Compliance Requirements at time of Hiring

he 1986 Immigration Reform and Control Act established a mandate for employers to authenticate employment eligibility for all new hires. The legislation also created penalties for employers who knowingly hired workers without lawful work status, as well as anti-discrimination protections for workers. The Immigration and Customs Enforcement (ICE) agency is responsible for enforcement of the Form I-9 regulations.

With each new hire, employers are generally required by law to complete a Form I-9, which allows the employer to verify worker authorization to work in the United States, as employers must not knowingly hire an unauthorized worker. Failure to file an I-9 Form may even give rise to a finding of constructive knowledge the worker was unauthorized to work, which is why it is important that companies are compliant in their hiring practices.

The verification process can be perplexing due to the myriad worker categories employers often come across, such as individuals with temporary nonimmigrant visas, workers under asylee or Temporary Protected Status, or DACA, among others. These workers might not present the conventional proof of citizenship or legal permanent resident status but are nonetheless authorized to work in the United States.

At Massa Viana, we streamline this process by providing employers and their teams with the necessary training to remain in compliance with I-9 Form regulations. We offer audit services to ensure adherence to these expectations and aid employers in implementing any necessary corrective actions.