In general, it is unlawful to hire, recruit or refer for a fee, a person who is not authorized to work in the United States. See INA § 274A(a)(1). All employees must be authorized to work, either automatically, via their status as a U.S. citizen or lawful permanent resident, or by approval from the U.S. Citizenship and Immigration Services.
The Federal government requires that all U.S. employers ensure proper completion of Form I-9, Employment Eligibility Verification, for each individual they hire for employment in the United States. Employees must attest on Form I-9 that they are a U.S. citizen, U.S. national, lawful permanent resident, or otherwise authorized to work. Employers must attest on Form I-9 that the employee presented sufficient documents to establish the employee’s identity and employment authorization.
In general, an employer violates the Immigration and Nationality Act (“INA”) when it employs an alien knowing that he or she is not authorized for employment or continues to employ an alien knowing that he or she has become unauthorized. See INA § 274A(a)(1)(A) and (h)(3).
For information on how employers can avoid unlawful discrimination when verifying that individuals are eligible to work, contact Lally Immigration Services, LLC at (617) 870-1000 or by email to [email protected].
