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 or practice of violations), debarment from government contracts, back pay and an order that an employer rehire an employee who was subject to discrimination.
As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.