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Replacement Social Security Card! Again, for I know. Ready to share new things that are useful. You and your friends.Most employers are first acquainted with the Immigration Reform and control Act ("Irca") straight through meeting their obligations to faultless the I-9 form for each worker hired. The I-9 form must be completed no later than three days of employment (or on the first day of employment if less than three days). The failure to do this is a violation of Irca.
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The I-9 form verifies both the identity of the worker and his or her authorization to work. Because employees must produce original documents providing this information, many employers wise up employees of the documents that are required at the time the offer of employment is made. There are three parts to the I-9. The first part is completed by the employee. If there are any inconsistencies in the information written in Part I of the form or inconsistencies with the documents presented by the employee, the form should not be proper by the employer.
The owner must narrate the documents presented by the worker (note that the worker has the right to submit documents of his or her selecting provided they are among those listed on the I-9) for verification by the employer. "A" documents fabricate both identity and authorization to work and therefore one document can serve both purposes. There can be no substitutions for these documents for Congress has mandated the list. An expired passport is an proper "A" document. Employers can not want an worker to submit a collective security card, but one may be submitted if the worker so chooses. "B" documents fabricate identity and "C" documents fabricate authorization to work.
Certain "receipts" are proper "C" documents: the receipt for the application of a replacement document; the arrival quantum of an I-94 form with an attached photo and a temporary I-551 stamp; and the departure quantum of the I-94 form with a refuge admission stamp. The original documents must be returned to the employee; the owner may keep a copy. The I-9 must be retained for three years or one year after employment ends whichever is longer.
Under Irca all employers, no matter what their size, are prohibited from (1) knowingly hiring, recruiting, referring for employment, or continuing to hire persons who are not authorized to work in the U.S.; (2) continuing to hire a foreign national with the knowledge that he/she has become ineligible to work in the U.S.; and (3) hiring any individual, whether a U.S. People or foreign national, without following Irca's recordkeeping requirements. Steep fines are imposed upon employers who violate Irca's prohibitions.
There are some ways that an owner can discriminate under Icra (and under Eeo laws). One form of discrimination is to only hire persons who are citizens of the U.S.. An individual does not have to be a People in order to legally work in the United States. An owner should not even ask if an applicant is a citizen. Discrimination on the basis of national origin (e.g. Place of birth, ancestry, native language, accent, or looking or sounding foreign) will be found when an owner treats employees differently based on their national origin.
Discriminatory document practices can also lead to a violation of the Irca. This may occur in one of four ways: (1) requesting that employees produce more documents than are required for the I-9 verification process; (2) requesting that an worker produce a particular type of document (e.g. A "green card"); (3) rejecting documents that reasonably appear to be authentic and appear to belong to the worker presenting them; and (4) treating different groups of employees differently such as requiring those with a foreign "look" to produce more documents than those who do not look foreign. The Irca also protects an worker from retaliation by the employer. Employers must be faithful and not take any adverse performance because someone asserts rights under Irca.
The use of independent contractors may also be a source of trouble for an owner under Irca. The Irca does not want an owner to faultless an I-9 for its contractors (for they are not "employees"). However, there are two ways that the owner can be found violating the Irca straight through the use of independent contractors. First, if the association is not that of an independent contractor, the failure of the owner to faultless I-9 forms for individuals who supply services under a compact is a violation of the Irca. Second, if an owner has knowledge that its independent undertaker of a package deal is using illegal workers, the owner could be found in violation of the Irca.
A few years ago, Wal-Mart settled a suit brought by the branch of Homeland security for million dollars. It was alleged that Wal-Mart had constructive knowledge that its janitorial assistance contractors were employing illegal workers (245 illegal night workers were working in 60 stores). The chapter to be learned from this case is to want independent contractors to supply copies of the I-9 forms and verifying documents for all individuals performing work under the contract.
There are many types of visas issued by the State branch and many of these do not allow the individual to work in the U.S. (e.g. A visitor visa) or only allow determined types of work. Also, many work permits have expiration dates and employment can not continue beyond that date unless the permit is renewed.
To aid employers in complying with the Irca requirements, the U.S. branch of Homeland security recently republished its Handbook for Employers. This document, an invaluable resource, and other compliance information designed for employers may be obtained at www.business.gov/contacts/federal/dhs/.
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