Employers who Hire Foreign Workers

Before the Immigration Reform and Control Act of 1986 (IRCA) was passed, employers could hire the employees of their choice and not worry about whether the employees were authorized to work in the United States. Now, if you hire people whom you know cannot legally work in the United States, you risk fines for the first offense. If there is a pattern and practice of violations, criminal penalties may follow the civil fines.

All employees (foreign nationals and U.S. citizens) must fill out an I-9 Employment Eligibility Verification form. It is the employer's responsibility to make sure they do so. As an employer you must be careful: though your employees must provide proof of their identity and eligibility to work, you may not require them to show specific documents, such as a green card. Employees can choose which documents to show you from lists that appear on the I-9.