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RegSenseezExplanationI-9sImmigration and Nationality Act (INA)I-9sHR GeneralistBest ResultsUSAEnglishFocus AreaHuman Resources
Immigration and Nationality Act
The Immigration and Nationality Act (INA) (8 U.S. Code, Section 1186), as amended by the Immigration Reform and Control Act of 1986 (IRCA), requires employers to hire and/or retain only those persons authorized to work in the United States.
The Immigration and Nationality Act (INA) includes provisions addressing employment eligibility, employment verification and nondiscrimination. These provisions apply to all employers.
The purpose of the law is to reduce the stream of undocumented workers entering the country in search of jobs by making it illegal for employers to knowingly hire persons who are not authorized to work in the United States. The INA requires all employers to check documents to confirm the identity and work eligibility of all persons hired after November 1986, and to hire only those persons authorized to work in the U.S.
Basic provisions/requirements
Under Immigration Reform and Control Act, employers may hire only persons who may legally work in the U.S. (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.
Employer compliance
To comply, employers must require applicants to complete Form I-9, which requires employees to show proof of their employment eligibility. Proof is considered to be any of a set of acceptable documentation which is defined in the INA and related regulations.
Employee rights
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.
Relation to state, local and other federal laws
Various other laws, such as the Civil Rights Act of 1964, worker’s compensation, tax (unemployment insurance, local, state, and federal), the Fair Labor Standards Act, and the Family and Medical Leave Act, may apply to the employment of foreign workers.
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