Legal Help Center

Legal Help Center

"Specialty occupations" and labor condition applicactions

The Immigration Reform and Control Act of 1986 made every employer responsible for enforcement of some Immigration laws. This is accomplished through a program known as Employer Sanctions. Now, every employer must have proof that each employee is authorized to be employed in the United States. This means that you must be able to provide documents to the employer proving your eligibility for employment, even if you're a U­S citizen by birth. Under this law, it's unlawful for an individual or business to hire, recruit, refer for a fee, or continue to employ an alien knowing that the alien is unauthorized to work. The employer must physically inspect the documents designated by Immigration and Naturalization Services which establishes the identity and employment authorization of the employee. The employer must also complete the required I­9 employment verification form attesting, under penalty of perjury, that the employee produced the required documents. In most cases, this verification procedure must take place within three days of hiring. To protect the foreign nationals holding appropriate employment authorization, the Act also prohibits employers from unfair immigration­related practices in hiring, recruiting, and firing people on the basis of their national origin or citizenship. Failure to comply with this law can result in severe civil penalties. For additional information, contact an attorney knowledgeable in immigration law.

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Other Immigration Audio Guides

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