Some Facts About Immigration Laws

With all the employment issues surfacing about immigration, it might be wise for companies to review their immigration practices to ensure that they do not fall victim to employing an immigrant illegally. Here are a few things you may want to consider.

All employers must verify that every new hire is either a U.S. citizen or authorized to work in the country. As a defense to a claim of violation, the employer should require of every new hire:

1. birth or naturalization certificate
2. U. S. Passport or an unexpired foreign passport authorizing U.S. employment
3. or a resident alien card containing the new hire's identification and U.S. employment authorization (the "green card")

In the absense of any of those, the employer should require two documents: a Social Security Card and driver's license or similar state certification. The employer should photocopy any such documents and keep them on file.

Here are just a few frequently asked questions about immigration laws:

Do citizens and nationals of the United States need to prove they are eligible to work?  Yes. While citizens and nationals of the U.S. are automatically eligible for employment, they to must present the required documents and complete an I-9 Form.

Does an employer need to complete an I-9 for everyone who applies for a job? No. An employer needs to complete I-9's only for people actually hired.

If someone accepts a job but will not start work for a month, can an employers complete the I-9 when the employee accepts the job? No. The law requires that an employer complete the I-9 only when the person actually begins working.

Does an employer need to fill out an I-9 for independent contractors or their employees? No. The contracting company is responsible for completing I-9's.

May an employer accept a photocopy of a document presented by an employee? No. Employees must present original documents. The only exception is that an employee may present a certified copy of a birth certificate.

It is probably wise that companies assign immigration law compliance to one person or one department (most likely the human resource department). Not doing so could result in failure to obtain the correct documents and/or receipt of documents, failure to maintain proper records for the prescribed length of time and difficulty in producing the appropriate documents should an issue or claim be raised.

Comments

[JACK]

he next time you go to Target, go up the escalators instead of down, and survey the parking on the roof. Lots of customers drive to Target from all over the Bronx, northern Manhattan, north of the Bronx, etc.

And, of course, Starbucks sells affordable luxuries. Still, those small luxuries generally don't draw folks lacking a spare $4 in their pockets. (For the latter population, Target sells Folger's.)
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JACK
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New York Immigration Lawyer Marina Shepelsky, located in Brooklyn, assists clients from the
New York metro area and across the United States in all immigration and naturalization

matters >http://www.e-us-visa.com