Identifying Work Authorization
According to the Immigration Reform and Control Act of 1986, it is unlawful for any employer to knowingly hire a worker who is not authorized to work in this country.
As an employer, you will need to know how to recognize immigrant documents that provide the legal proof that a person is work-authorized. It is important to remember that immigrants can be work authorized even if they do not have a green card. The I-9 form clearly lists those documents that employers may use as verification for employee eligibility. However, it is up to the potential employee - not the employer - to select which documents they would like to use. Access the I-9 form (PDF, requires Adobe Reader).
The Immigration and Nationality Act (INA) prohibits job discrimination against U.S. citizens, U.S. nationals, and the following classes of aliens who are work authorized: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees. Employers can demonstrate compliance with the law by following the verification (I-9 Form) requirements and treating all new employees equally. This includes establishing a policy that is non-discriminatory and which ensures that only individuals who are work-authorized may be legally employed.
Visit the U.S. Citizen and Immigration Services website for more information about hiring immigrants and frequently asked questions as an employer.
Did You Know...
There are 13 different kinds of work authorization that allow immigrants to legally work in this country. Don't know how to identify them? Contact us. We can help.
