As most employers are aware, the Immigration Reform and Control Act of 1986 (the “Act”) requires employers to verify that their employees are legally authorized to work in the United States. The Department of Homeland Security recently issued a revised Form I-9, which must be completed by all employers to verify the identity and employment authorization of every new employee hired after November 6, 1986 to work in this country. Links to the new Form I-9 can be found here.
Employers must be aware that every new employee must sign Section 1 of the Form I-9 no later than the employee’s first day of employment. It is important that all employers complete the Form I-9 and properly verify the identity and employment authorization of each person hired as well as retain the completed Form I-9 in each employee’s personnel file.
Employers who violate the Act may be liable for civil fines, criminal penalties (where there has been a pattern of practice of violations), debarment from government contracts, back pay and an order that an employer rehire an employee who was subject to discrimination.