immigration attorneyAn Immigration Attorney will explain that the Immigration and Nationality Act (INA) includes provisions addressing employment eligibility, employment verification, and nondiscrimination. The immigration attorney knows that these provisions apply to all employers.

Under the INA, employers may not hire illegal aliens to work in the United States. Employees must be either citizens, nationals of the U.S. or aliens authorized to work in the U.S.

The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). Employers must keep each I-9 on file for at least three years, or one year after employment ends, whichever is longer.

The INA protects U.S. citizens and aliens authorized to accept employment in the U.S. from discrimination in hiring or discharge on the basis of national origin and citizenship status.

Employers who fail to complete and/or retain the I-9 forms are subject to penalties. The Department of Homeland Security (DHS) enforces the INA requirements on verification of employment eligibility. The Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices enforces the anti discrimination provisions.

As part of their ongoing enforcement efforts, the ESA’s (Employment Standards Administration) Wage and Hour Division and Office of Federal Contract Compliance Programs conduct inspections of the I-9 forms. They report their findings to DHS and to the DOJ where disparate treatment or unauthorized employment is apparent. In these cases an immigration attorney may not be required

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