The Catholic University of America

Summary of Federal Laws

Employment

Miscellaneous Employment Laws

The Immigration and Nationality Act of 1952 (as amended)

8 U.S.C. § 1101 et seq.; 8 CFR Part 274a

Verification of of Employment Eligibility

I-9 Compliance: The Immigration Reform and Control Act of 1986 requires employers to verify that individuals hired after November 7, 1986 are legally entitled to work in the U.S. The 1986 amendments prohibit employers from knowingly hiring undocumented aliens and authorize fines as listed in the link below, which can go as high as $20,000. 

This is known as the employment eligibility verification process, and a Form I-9 must be completed and kept on file for all employees. The form must be kept for three years after the date of hire or one year after termination. See 8 C.F.R. § 274a.2. The law also protects against discrimination on the basis of alienage and national origin. See 8 U.S.C. § 1324B.

The I-9 Forms may be stored as electronic records, as long the the security and integrity of the files are protected. 

 New I-9 form issued summer 2017. 

See  Klaskolaw alert dated August 2, 2017 for more on changes. 

Table of Changes for Revised M-274 (1/22/17)

See I-9 Inspection overview for penalties.  The penalties vary by the type of violation, which includes Form I-9 Paperwork Violations;  E-Verify – failure to notify DHS of continuing employment when employee receives Final Non-Confirmation; Unfair Immigration-Related Practices; Unfair Immigration-Related Practices (Document Abuse); and Knowingly hiring, recruiting, referring, or retaining an unauthorized worker. 
 

 Resources

Ford Murray: 1-9 Audit FAQs: Handling Remote and Off-Site Workers, August 10, 2017. 

I-9 Central USCIS

Common Mistakes and How to Avoid Them (I-9 preparation- USCIS)

E-Verify Supplemental Guide for Federal Contractors dated Sept. 1/11/2018 

E-Verify User Manual For Employers (April 2018)

NACUANotes Jan. 20, 2010 E-VERIFY: Compliance for College and University Federal Contractors

 

 

 

 

 

updated 10-30-18  mlo