1. IMMIGRATION AND I-9 FORMSGABRIELA ROSASHUMAN RESOURCES VICE PRESIDENT

2. OVERVIEW WHO IS COVERED REQUIREMENTS EMPLOYEE RIGHTS PENALTIES EXAMPLE ADDITIONAL ASSISTANCE 3. WHO IS COVERED The Immigration and Nationality Act (INA) is administered by the Office ofForeign Labor Certification (OFLC) of the Employment and TrainingAdministration (ETA) The INA includes provisions addressing employment eligibility, employmentverification, and nondiscrimination These provisions apply to all employers 4. REQUIREMENTS Under the INA, employers may hire only persons who may legally work in theUnited States (i.e., citizens and nationals of the U.S.) and aliens authorizedto work in the U.S. The employer must verify the identity and employment eligibility of anyone tobe hired, which includes completing the Employment Eligibility VerificationForm (I-9) Must be completed on the first day of employment! Employers must keep each I-9 on file for at least three years, or oneyear after employment ends, whichever is longer. 5. EMPLOYEE RIGHTS The INA protects U.S. citizens and aliens authorized to acceptemployment in the U.S. from discrimination in hiring ordischarge on the basis of national origin and citizenship status 6. LAWS/PENALTIES Immigration Reform and Control Act of 1986 (IRCA) Requirement for I-9 forms and regulated requirements for hiring authorizedemployees Monetary penalties for knowingly hire and continuing to employ violations range from$375 to $16,000 per violation, with repeat offenders receiving penalties, at the higherend Penalties for substantive violations, which includes failing to produce a Form I -9, rangefrom $110 to $1,100 per violation In determining penalty amounts, ICE considers five factors: The size of the business Good faith effort to comply Seriousness of violation Whether the violation involved unauthorized workers History of previous violations 7. EXAMPLE 8. ADDITIONAL ASSISSTANCE Employment and Training Administration, Office of Foreign Labor CertificationE-mail: ETApagemaster@dol.govTel: 1-877-US2JOBS (1-877-872-5627) or 1-202-693-3010; TTY Wage and Hour DivisionContact WHDTel: 1-866-4USWAGE (1-866-487-9243); TTY: 1-877-889-5627 http://www.dol.gov/compliance/guide/aw.htm#who 9. OVERVIEW WHO IS COVERED REQUIREMENTS EMPLOYEE RIGHTS PENALTIES EXAMPLE ADDITIONAL ASSISTANCE