Employer Work Eligibility

In addition to paying you, your employer has responsibilities to a number of government agencies. One very important mandate is determined by the Department of Homeland Security's Bureau of Citizenship and Immigration Services (BCIS).

Right to Work
Once an employer hires you as an employee, you must prove your identity and right to work in the United States. The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to hire an unauthorized worker.

Employers that violate IRCA face the possibility of a hefty fine and even risk losing their business. Fortunately, however, an employer will not be penalized under IRCA if it has acted in good faith.

Good Faith Standard
Traditionally employers have been considered to have met the "good faith" standard by reviewing certain types of documents to verify their workers' identity and work authorization. But BCIS is in the process of reviewing exactly which documents provide adequate proof of work authorization.

Penalties
As it stands now employers that knowingly hire unauthorized aliens face civil penalties of up to $2,000 for each worker hired for a first offense. Penalties can increase to $10,000 per worker for more than two offenses. Employers that fail to comply with the verification requirements can be fined up to $1,000 for each person from whom proper verification was not required.

Employers that engage in a pattern and practice of violating the hiring and/or verification requirements face criminal penalties of up to $3,000 and/or six months in jail.

Document Fraud
BCIS is under pressure from Congress to step up its enforcement efforts and reduce the opportunities for illegal aliens to work in the U.S. In recent years, work eligibility documents, including certain I.D. cards have become increasingly high-tech in order to reduce the opportunities for fraud. In addition, the agency is beginning to partner with the Social Security Administration in an attempt to identify individuals using phony social security numbers or numbers that don't belong to them. Both agencies are encouraging employers to take extra steps to verify new employees' work authorization by running them through a computerized matching system. While the computerized match is still voluntary, it is likely that employers will come under increasing pressure to secure the authenticity of their workers in the future.

For more information:
Bureau of Citizenship and Immigration Services Home Page