Employment Verification Employer Sanctions

Business Immigration Visa Attorneys

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IRCA”) includes several employment documentation verification provisions that affect all employers.

IRCA of 1986

The Immigration Reform and Control Act of 1986 strives to minimize illegal immigration and the hiring of illegal immigrants. The IRCA provides that an employer who knowingly hires an illegal immigrant may face civil and criminal penalties and be subject to employment sanctions. Proper employment verification may reduce chances for hiring illegal immigrants and thus reduce liability.

Pilot Programs

Employers may voluntarily participate in a pilot program for worker verification. Participating employers who obtain a compliance certificate will have established a rebuttable presumption that they have complied with the law’s hiring procedures.

Acceptable Verification Documents

The number of acceptable documents is likely to be reduced. No longer acceptable are United States citizen or naturalization certificates and unexpired foreign passports. Although the USCIS information hotline currently states that birth certificates are acceptable for verification under 1990 law, they are not acceptable under the new law as evidence of employment authorization. In addition, USCIS has recently begun issuing a new Employment Authorization Document, the I-766, to aliens authorized to work temporarily in the United States. Some aliens will continue to receive the I-688A or B as the new I-766 is phased in, but all three are currently acceptable “List A” documents.


Individuals must now prove that an employer intended to discriminate in order to bring a successful hiring discrimination claim.

IMAGE Program

The IMAGE program is a program that employers may voluntarily submit to. The program enables the government to complete employment verification on all current employees, train the employer on hiring practices regarding forged documentation and immigration practices, and minimize illegal immigrant workers in the United States. By submitting to the program, employers may minimize civil and criminal immigration liability.

State of Colorado Employment Verification

Because the federal government has been slower to act, on January 1, 2007, the State of Colorado elected to take over on employment verifications when the federal government is delayed.

Experienced Business Immigration Attorneys

The reliable attorneys at NPZ Law Group, have vast experience and knowledge involving employment and business concerns and immigration law. For more information on employment verification and immigration laws, please contact the immigration lawyers at NPZ Law Group.