What are the employee verification laws?

The primary employment law concerning employee verification is the Immigration Reform and Control Act of 1986 (IRCA).

What does the IRCA require?

The IRCA requires that all employers complete and retain Form I-9 Employment Eligibility Verification forms for each individual they hire in the US.

These forms seek to verify that individuals are legally permitted to hold employment within the United States based upon their citizenship or immigration status.

Generally, an employee must be a citizen, lawful permanent resident, or holder of a work visa to qualify to hold employment.

The employer is required to examine the employment eligibility and examine the documents an employee presents to determine whether the document(s) reasonably appear to be genuine.

The employer must retain these forms and information for 3 years after the date of hire or for one year after employment is terminated, whichever is later.

Note: The new, federal E-verify program makes the I-9 employee verification process easier. An employer can enter an employee’s pertinent information and receive verification of employment eligibility.