The Catholic University of America

Summary of Federal Laws


 


Compliance Partners

AVP for Human Resources

Related Policy

Employment Practices

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 of up to $2,000 for each illegal hire. 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.

 

 New I-9 form issued July 17, 2017, which must be used by Sept. 18, 2017.

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

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

Updated I-9 Penalties-81 Fed. Reg. 42987, July 1, 2016 (adjusted for inflation)


 

Form I-9 Paperwork Violations:
Prior fine: $110 to $1,100 per violation
New fine: $216 to $2,126 per violation

E-Verify
– failure to notify DHS of continuing employment when employee receives Final Non-Confirmation
Prior fine: $500 to $1,000 per worker
New fine: $751 to $1,502 per worker

Unfair Immigration-Related Practices
(First Order):
Prior fine: $375 to $3,200 per worker
New fine: $445 to $3,563 per worker

Unfair Immigration-Related Practices (Document Abuse)
:
Prior fine: $110 to $1,100 per worker
New fine: $178 to $1,782 per worker

Knowingly hiring, recruiting, referring, or retaining an unauthorized worker:

New Fines: $539 to $4,313 per unauthorized individual for the first offense;
$4,313 to $10,781 per unauthorized individual for the second offense; and
$6,469 to $21,563 per unauthorized individual for subsequent offenses.

 Final Rule; Electronic Signature and Storage of I-9, Employment Eligibility Verification, 75 Fed. Reg. 42575, July 22, 2010; This final rule permits employers to complete, sign, scan, and store the Form I-9 electronically (including an existing Form I-9), as long as certain performance standards set forth in this final rule for the electronic filing system are met. DHS has separately revised the substantive documentary requirements for employment verification that form the basis for the Form I-9. Documents Acceptable for Employment Eligibility Verification, 73 FR 76505 (Dec. 17, 2008) The Form I-9 has been available to the public in numerous paper and electronic means since 1986. The Form I-9 is available online at the U.S. Citizenship and Immigration Services (USCIS) Web site. 

 

Final Rule: Safe-Harbor Procedures for Employers Who Receive a No-Match Letter: Rescission; 74 Fed. Reg. 51447, Oct. 7, 2009

The Department of Homeland Security (DHS) is amending its regulations by rescinding the amendments promulgated on August 15, 2007, and October 28, 2008, relating to procedures that employers may take to acquire a safe harbor from receipt of No-Match letters. DHS is amending its regulations as proposed on August 19, 2009, without change. The final rule is effective Nov. 6, 2009. The October 2008 final rule established a safe harbor for employers who followed the safe harbor procedures set forth in the rule after receipt of a "no match letters" from the Social Security Administration (SSA) or "Notice of Suspect Documents" letters from DHS. (SSA sends "no match" letters to some (though not all) employers when the combination of an employee's name and social security number on an employer's W-2 earnings reports do not match SSA records. After further review, DHS has determined to focus its enforcement efforts relating to the employment of aliens not authorized to work in the United States on increased compliance through improved verification, including participation in E-Verify, ICE Mutual Agreement Between Government and Employers (IMAGE), and other programs.

 

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 Sept. 2010

See especially page 10 for an overview of Rules and Responsibilites. What all Employers must do and must not do.

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

 

 

 

 

 

updated 7-11-18  mlo