IRCA Compliance and I-9 Audits
Curray York & Associates regularly advises clients on employment eligibility verification issues. The Immigration Reform and Control Act of 1986 (IRCA) originally created the employer sanctions provisions found under Section 274A of the Immigration and Nationality Act. Under the law, employers are required to verify the identity and employment eligibility of every employee hired in the U.S. after November 6, 1986.
Most employers will never file a visa application for a worker and many business owners assume that having no foreign employees means that they do not have to worry about immigration laws. However, all employers must comply with immigration laws or risk being subject to enforcement actions that can carry stiff penalties.
The first mechanism for compliance is the I-9 Employment Eligibility Verification Form that every employer must complete for newly hired employees. Failure to comply with the I-9 process can result in significant fines, loss of access to government contracts, criminal charges, and highly negative publicity for an employer. Despite the focus on immigration in the news, a large number of companies fail to properly comply with the I-9 process.
We offer a full range of services to help employers comply with their obligations related to hiring. These include training on the I-9, advising on individual I-9 issues, proactive I-9 audits, guidance on responding to Social Security No Match letters, and representing employers in ICE enforcement actions. Please see our separate section on Enforcement Actions.