10/17/2003
Overview: The IRCA of 1986 prohibits any employer from hiring any person who is not legally authorized to work in the United States and it requires that employers verify the employment eligibility of all new employees.
The IRCA also makes it unlawful for employers to discriminate in hiring and discharge based on national origin (as does Title VII) and on citizenship status.
Application: The IRCA applies to all employers, with the following exceptions:
- employers with between 4 and 14 employees (who would not be covered by Title VII anti-discrimination provisions) may not discriminate on the basis of national origin; and
- employers with at least 4 employees may not discriminate on the basis of citizenship.
Procedural and Recordkeeping Requirements: Employers should ensure that employees and the employer complete an Employment Eligibility Verification Form (I-9) when an employee begins work. A copy of the I-9, with complete instructions, is available in the NFIB Legal Foundation's new Federal Employee Handbook for Independent Business.
Additional Information: For more information, visit the Bureau of Citizenship and Immigration Services (BCIS) their Web site at http://www.immigration.gov.
