Question

You have recently hired Juanita as an employee in your company.

1. Explain what documents the Immigration and Control Act requires you to examine in order for Juanita to prove she is legally entitled to work in the US and to complete her I-90 Employment Eligibility Verification form.

2. If Juanita produces a permanent resident green card, is that sufficient? Why/Why not?

3. What if she produces her driver's license and her Mexican birth certificate?

4. What is she produces her voter ID card and her Social Security card?

5. If you fail to properly document Juanita's eligibility, what is the legal penalty?

Answer 1

Form I-90 is used to identify and authorise employment of individuals in the United States, all US employers must adhere to the guidelines of form I-90 when they hire citizens as well as non-citizens. Employees must submit acceptable documents which prove their identity and authority, while employers must check the validity and authenticity of the documents provided.

If Juanita produces a permanent resident green card, is that sufficient? Why/Why not?

According to the list A documents which establish both identity and employment authorisation, a permanent resident green card is sufficient.

What if she produces her driver's license and her Mexican birth certificate?

The list B and list C documents which establish identity and employment eligibility respectively, are acceptable. However, as Juanita is a Mexican citizen, her birth certificate will not be accepted along with her driver's license.

What is she produces her voter ID card and her Social Security card?

The combination of voter's ID card and Social Security card are acceptable as proof of identity and eligibility of work in the combination of list B and list C documents. However, the social security card should not have any of the following conditions:

1. NOT VALID FOR EMPLOYMENT

2. VALID FOR WORK ONLY WITH INS AUTHORISATION

3. VALID FOR WORK ONLY WITH DHS AUTHORISATION

If you fail to properly document Juanita's eligibility, what is the legal penalty?

The Department of Homeland Security or DHS will levy certain penalties, if it is found that an employer knowingly or unknowingly hires a foreign citizen without complying with the proper employment eligibility verification requirements. The DHS issues a Notice of Intent to Fine (NIF) when it imposes a penalty, if an employer receives an NIF it can be brought for a hearing with an administrative law judge. If a hearing date is not received within 30 days, the DHS will impose the penalty and issue a final order, which cannot be appealed. When the employer fails to adhere by the guidelines of the form I-90 as mandated by law, there are monetary penalties for each violence. While determining the amount of penalty, the DHS considers:

- The size of business of the employer

- The good faith of the employer;

- The seriousness of the violation;

- Whether or not the individual was unauthorised to work

- History of previous violations by the employer

Employers who are convicted of knowingly hiring unauthorised foreigners, will face fines along with six months of imprisonment. While employers who use fraudulent identification or employment authorisation documents, may be fined and imprisoned for up to five years or both.