Who is Covered
The INA includes provisions addressing employment eligibility, employment verification, and nondiscrimination. These provisions apply to all employers.
Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). Employers must keep each I-9 on file for at least three years, or one year after employment ends, whichever is longer.
The INA 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.
Recordkeeping, Reporting, Notices and Poster
Notices and Posters
Notices and poster requirements vary by the classification of alien or foreign worker being hired. Please see the specific INA chapters to determine the notices and poster requirements for each immigration category.
Recordkeeping requirements vary by the classification of alien or foreign worker being hired. Please see the specific INA chapters to determine the recordkeeping requirements for each immigration category.
Reporting requirements vary by the classification of alien or foreign worker being hired. Please see the specific INA chapters to determine the reporting requirements for each immigration category.
Employers who fail to comply with the employment obligations of a specific visa classification enforced by the Wage and Hour Division may face penalties specific to that visa program.
Additionally, employers who fail to complete and/or retain the I-9 forms are subject to penalties. The Department of Homeland Security (DHS) enforces the INA requirements on verification of employment eligibility. The Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices enforces the INA’s anti-discrimination provisions.
Relation to State, Local, and Other Federal Laws
Compliance Assistance Available
More detailed information, including copies of explanatory brochures and regulatory and interpretative materials, may be obtained from local offices of the Wage and Hour Division and the Employment and Training Administration. Please see the specific INA chapters for more information.
Source: United States Department of Labor, “Work Authorization for Non-U.S. Citizens” https://www.dol.gov website. Accessed January 19, 2021. https://webapps.dol.gov/elaws/elg/aw.htm#who
© Copyright 2021. All rights reserved. This content is strictly for informational purposes and although experts have prepared it, the reader should not substitute this information for professional insurance advice. If you have any questions, please consult your insurance professional before acting on any information presented. Read more.