What are the employee verification laws?

The primary employment law concerning employee verification is the Immigration Reform and Control Act of 1986 (IRCA). 

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.

Related Topics

• Employment Law (Intro)
• Who is an employee under the employment law?
• Subcontracting
• What characterizes the employer-employee, At-Will relationship?
• What are the major employment laws?
• What are the taxation requirements imposed upon employers?
• What is the Fair Labor Standards Act (FLSA)?
• Exempt Employee 
• NonExempt Employees
• Family Medical Leave Act (FMLA)?
• Worker Adjustment and Retraining Act (WARN Act)?
• Occupational Safety and Health Act (OSHA)?
• Employee Retirement Income Security Act (ERISA)?
• Active Participant Status
• Defined Benefit Plan
• Pension Plan
• Accumulated Benefit Obligation
• Defined Contribution Plan
• Cash Balance Plan
• Pension Benefit Guaranty Corporation
• Blackout Period
• Benefit Allocation Method
• Multinational Pooling
• DB(k) Plan Definition
• Employee Contribution Plan
• Unit Benefit Plan
• Top Hat Plan
• Non-Discrimination Rule
• Alternative Minimum Cost Method
• Consolidated Omnibus Budget Reconciliation Act (COBRA)?
• Health Insurance Portability and Accountability Act (HIPAA)
• Workers Compensation Laws?
• Workers Compensation Coverage A Definition
• Workers Compensation Coverage B Definition
• Federal Unemployment Tax Act
• State Unemployment Tax Act
• Voluntary Termination
• Employment Verification Laws?
• Form I-9
• Workplace Privacy Laws?
• Background Checks
• Davis-Bacon Act
• Loudermill Rights
• Work Opportunity Tax Credit
• Work for Hire Agreement (Independent Contractor Agreement)
• Engagement Letter Definition
• Non-Compete Agreement
• Non-Solicitation Clause
• Wrongful Termination Claim
  
• What are labor laws?
• Organized Labor
• Collective Bargaining Agreement
• Labor Union
• What are the major labor laws?
• Department of Labor
• What is the National Labor Relations Act?
• Unfair Labor Practice
• Right to Work Laws
• Labor Management Relations Act
• Labor Management Reporting and Disclosure Act