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Everything You Need To Know About Form I-9 Compliance

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Why Employers Must Verify Employment Authorization and Identity of New Employees

Source: U.S. Citizenship and Immigration Services (USCIS)

In 1986, Congress reformed U.S. immigration laws. These reforms, the result of a bipartisan effort, preserved the tradition of legal immigration while seeking to close the door to illegal entry. The employer sanctions provisions, found in section 274A of the Immigration and Nationality Act (INA), were added by the Immigration Reform and Control Act of 1986 (IRCA). These provisions further changed with the passage of the Immigration Act of 1990 and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996.

Employment is often the magnet that attracts individuals to reside in the United States illegally

The purpose of the employer sanctions law is to remove this magnet by requiring employers to hire only individuals who may legally work here: citizens and nationals of the United States, lawful permanent residents, and aliens authorized to work.

To comply with the law, you must verify the identity and employment authorization of each person you hire, complete and retain a Form I-9 for each employee, and refrain from discriminating against individuals on the basis of national origin or citizenship.

Form I-9 helps employers to verify individuals who are authorized to work in the United States.

Resources

  • Handbook For Employers (pdf)  – provides guidance on how to properly complete Form I-9, and answers frequently asked questions about the law as it relates to Form I-9  (Source: U.S. Citizenship and Immigration Services (USCIS)

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Possible Amendment to Fair Credit Reporting Act – Ban Employers’ Use of Credit Checks

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Seyfarth Shaw LLP, one of America’s leading full-service law firms, reported Senator Dianne Feinstein of California recently introduced SA 3795 as an amendment to the  Fair Credit Reporting Act.

“Senator Feinstein’s bill proposes to restrict an employer from using a “consumer’s creditworthiness, credit standing, or credit capacity” in making any employment decision or for the basis of taking any adverse action—regardless of whether a consumer gives an employer consent to use such information.

The only exceptions to this prohibition would be for:

1) national security or FDIC clearance;

2) employment with state or local government agency which requires the use of this information;

3) employment in a management position with access to customer funds at a financial institution; or

4) as otherwise required by law.”

Read More

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Employee Screening Newsletter – Spring 2010

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The Spring 2010 edition of our Safe Hire newsletter is available for viewing. We publish our newsletter on a quarterly basis to keep employers better informed about employee background screening trends, legal compliance issues and company news.

In this issue we’re going to cover EEOC compliance and investigations, record retention and a technology update.  Please let us know if there are any specific topics or questions you want us to cover.

Read the Safe Hire newsletter

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NH Courts to Close As Furloughs Hit Judicial System

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In order to meet a budget shortfall of 3.1 million dollars, the New Hampshire Judicial Branch announced that all New Hampshire courts and judicial branch administrative offices will be closed on the following days:

  • Friday April 2, 2010
  • Friday April 30, 2010
  • Friday May 28, 2010

Read more about the court furloughs (pdf).

Photo credit: Zoom Zoom

New Mexico Job Seekers Don’t Have to Disclose Criminal Records

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Here is an interesting trend that we will be watching.

The New York Times reports:

New Mexico became the second state to ”ban the box” with Gov. Bill Richardson’s signature on a law prohibiting employment applications for government agencies from asking job seekers if they’d been convicted of a crime.

The measure was signed Monday and covers job applications for state, county or local government but not private business.

The legislation doesn’t prohibit employers from asking the question once they’re face-to-face with applicants and doesn’t stop them from doing background checks.

It passed the New Mexico Senate 35-4 and the House 54-14.

The National Conference of State Legislatures and the National Employment Law Project say Minnesota passed similar legislation in 2009, becoming the first state to outlaw the conviction question.

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