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| Starting a small business? How to make a business plan? How to starting a new business? Starting up your own business, working for yourself? Small business administration, hey, what's that? Read here to help You starting your own business.
SMALL BUSINESS HANDBOOK: LAWS, REGULATIONS AND TECHNICAL ASSISTANCE SERVICES3. EMPLOYMENT ELIGIBILITY OF ALIEN WORKERSImmigration and Nationality Act (INA) (8 U.S. Code, Section 1186).Who is CoveredThe Immigration and Nationality Act (INA) employment eligibility verification and related nondiscrimination provisions apply to all employers.Basic Provisions/RequirementsUnder the INA, employers may legally hire workers only if they are citizens of the U.S. or aliens authorized to work in the United States. For some aliens (students, nurses, "specialty occupations," fashion models) employers must comply with attestation procedures through the Department of Labor. The INA requires that employers verify the employment eligibility of all individuals hired after November 6, 1986. To do so, employers must require applicants to show proof of their employment eligibility, by requiring completion of the I-9 form. Employers must keep I-9s on file for at least 3 years (or one year after employment ends, whichever is greater). The INA also protects U.S. citizens, and aliens authorized to accept employment in the U.S., from discrimination in hiring or discharge on the basis of national origin and citizenship status.Assistance AvailableMore detailed information, including copies of explanatory brochures and regulatory and interpretative materials, may be obtained by contacting the offices listed in the appendix.PenaltiesEmployers who fail to complete and/or retain the I-9 forms are subject to civil fines of up to $1,000 per applicant. Enforcement of the INA requirements on employment eligibility verification comes under the jurisdiction of the Immigration and Naturalization Service (INS). The Justice Department is responsible for enforcing the anti-discrimination provisions. In conjunction with their ongoing enforcement efforts, the Employment Standards Administration's Wage and Hour Division and Office of Federal Contract Compliance Programs conduct inspections of the I-9 forms. Their findings are reported to the INS and to the Department of Justice where there is apparent disparate treatment in the verification process.Relation to State, Local and Other Federal LawsNot Applicable. |
