In an effort to control illegal immigration, in 1986 Congress passed the Immigration Reform and Control Act (IRCA).  The IRCA was enacted to legalize approximately three million undocumented immigrants, while at the same time, attempted to deter future undocumented immigration.  In order to be in compliance with IRCA’s directives, all U.S. employers must complete a Form I-9 for each employee hired after November 6, 1986.

It is a violation of Federal immigration law for any employer to knowingly hire employees who are not authorized to work in the United States.  The Federal Form I-9: Employment Eligibility Verification, is used by employers as a record of their basis for determining work eligibility.  The form is maintained by the employer and made available upon request for inspection by officials of the Department of Homeland Security, The Department of Labor, and the Office of Special Counsel for Immigration Related Unfair Employment Practices.

The process of completing, storing, and properly disposing of I-9s can be daunting.  The current Administration is strongly focused on immigration enforcement, and the changes of your organization being audited are higher than ever.  Due to this increased focus, more employers are conducting proactive self-audits of their I-9s and supporting documentation.  Additionally, more employers are participating in the Federal E-Verify program, a web-based system that allows business to electronically confirm the eligibility of their employees to work in the United States.