Employment Verification Laws - Explained
I-9 and E-Verify
If you still have questions or prefer to get help directly from an agent, please submit a request.
We’ll get back to you as soon as possible.
- Marketing, Advertising, Sales & PR
- Accounting, Taxation, and Reporting
- Professionalism & Career Development
Law, Transactions, & Risk Management
Government, Legal System, Administrative Law, & Constitutional Law Legal Disputes - Civil & Criminal Law Agency Law HR, Employment, Labor, & Discrimination Business Entities, Corporate Governance & Ownership Business Transactions, Antitrust, & Securities Law Real Estate, Personal, & Intellectual Property Commercial Law: Contract, Payments, Security Interests, & Bankruptcy Consumer Protection Insurance & Risk Management Immigration Law Environmental Protection Law Inheritance, Estates, and Trusts
- Business Management & Operations
- Economics, Finance, & Analytics
Table of ContentsWhat are the employee verification laws?What does the IRCA require?Discussion QuestionPractice QuestionAcademic Research
What are the employee verification laws?
The primary employment law concerning employee verification is the Immigration Reform and Control Act of 1986 (IRCA).
Next Article: Workplace Privacy Laws Back to: EMPLOYMENT LAWS
What does the IRCA require?
The IRCA requires that all employers complete and retain Form I-9 Employment Eligibility Verification forms for each individual they hire in the US.
These forms seek to verify that individuals are legally permitted to hold employment within the United States based upon their citizenship or immigration status.
Generally, an employee must be a citizen, lawful permanent resident, or holder of a work visa to qualify to hold employment.
The employer is required to examine the employment eligibility and examine the documents an employee presents to determine whether the document(s) reasonably appear to be genuine.
The employer must retain these forms and information for 3 years after the date of hire or for one year after employment is terminated, whichever is later.
Note: The new, federal E-verify program makes the I-9 employee verification process easier. An employer can enter an employee's pertinent information and receive verification of employment eligibility.
- What are the major employment laws?
- What are the taxation requirements imposed upon employers?
- What is the Fair Labor Standards Act (FLSA)?
- Family Medical Leave Act (FMLA)?
- Worker Adjustment and Retraining Act (WARN Act)?
- Occupational Safety and Health Act (OSHA)?
- Employee Retirement Income Security Act (ERISA)?
- Consolidated Omnibus Budget Reconciliation Act (COBRA)?
- Health Insurance Portability and Accountability Act (HIPAA)
- Workers Compensation Laws?
- Employment Verification Laws?
- Workplace Privacy Laws?
- Employment Verification Laws?
- Form I-9
How do you feel about these federal regulations require verification of employment eligibility? Who or what is the government attempting to deter with this regulation? Do you believe these regulations are effective? Why or why not?
Gary is from Russia and recently moved to the United States to attend school. After graduating, he wants to remain in the United States and find employment. He approaches ABC Corp about a posted job. What procedure will ABC Corp undertake in verifying that Gary may legally work in the country?