By: Chris Mason
“Immigration remains a constant issue throughout the United States, and is no less a focal point in border states like Arizona. As most know, it is unlawful for employers to knowingly hire employees who are not authorized to work in the United States. By law, employers must verify identity and employment authorization, complete and retain I-9 forms, and conduct an electronic verification for each new employee hired. Employers must do all of this without discriminating against applicants and new hires on the basis of national origin or citizenship. It is lawful and advisable to inform applicants that they must prove work eligibility. Conversely, informing applicants that the company only hires United States citizens is unlawful.
Employers must have all new hires complete Section 1 of the I-9 on their first day of employment, and employers must complete the employer section within three business days. New hires have the right to select which documents they will produce from the options listed on the I-9 to prove identity and work eligibility. These documents need to appear reasonably genuine and related to the new hire. Employers need not undertake rigorous independent authentication of offered documents. Unmistakable illegitimate documents should not be accepted. This process should be completed promptly to avoid costly fines and audits. ”
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