The popular image of illegal immigrants is one of illiterate,
poverty-stricken workers sneaking across the border to take menial
jobs. The reality, however, is that many of them have the skills to
work in a variety of occupations.
According to Linda Dodd-Major of the Immigration and
Naturalization Service (INS), as an employer, you are responsible
for ensuring that both citizen and noncitizen employees document
their identities and eligibility to work in the United States.
Knowingly violating the provisions of the 1986 Immigration and
Reform Act (IRCA) may subject you to fines and other penalties.
To comply with IRCA, you must have a completed Form I-9 on file
for all employees and retain those forms for three years after the
date of hire or one year after employment is terminated, whichever
is later. You or your representative must personally review the
documents that prove an employee's identity and eligibility to
work in the United States.
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You may reject documents that appear not to be genuine and ask
for other acceptable documents. Be alert for obvious signs of
fraud, such as cut-out and pasted photos, nonstandard paper,
typed-in or other irregular insertion of information, and laminated
versions of documents that shouldn't be laminated.
For more information, call the INS Employer Hotline at (800)
357-2099. Order I-9 forms by calling (800) 870-3676.
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