The Immigration and Nationality Act (INA) addresses employment eligibility, employment verification, and nondiscrimination in hiring. Under this law, employers may only hire candidates who are legally eligible to work in the U.S. (i.e., citizens and U.S. nationals) and aliens authorized to work in the U.S.
Employers must verify the identity and employment eligibility of anyone hired, including completing an Employment Eligibility Verification Form (I-9 form) for each applicant. These forms must be kept on file for at least three years, or one year after employment ends, whichever is longer. Newly-hired employees must complete and sign the top section of the form (which collects biographical data) no later than the first day of employment. However, Section 1 should never be completed before you accept a job offer.
Employers must complete Section 2 of the I-9 form within three business days of your first day of employment. Candidates will present documents to verify their identity, choosing from a list of acceptable documents outlined on the form. The identification establishes your identity and employment authorization.
The INA protects U.S. citizens and aliens authorized to accept employment in the U.S. from discrimination in hiring or discharge on the basis of national origin and citizenship status.
Another section of the act applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations, often referred to as “H1-B workers.” This is more common in the engineering, teaching, technology, and medical professions. The number of new H1-B visas that can be issued each year is subject to a cap.
Relevance to Jobseekers:
• You will be asked for documentation to complete an I-9 form at the time of hiring. You can review the I-9 form here: http://www.uscis.gov/files/form/i-9.pdf
• As it relates to H1-B workers, a H1-B candidate cannot displace a current employee; however, as a job applicant, you may be competing with H1-B candidates.
Note: The information in this guide is not intended to provide legal, medical, or financial advice. If legal, medical, or financial advice is needed, an appropriate professional should be consulted.
Employers must verify the identity and employment eligibility of anyone hired, including completing an Employment Eligibility Verification Form (I-9 form) for each applicant. These forms must be kept on file for at least three years, or one year after employment ends, whichever is longer. Newly-hired employees must complete and sign the top section of the form (which collects biographical data) no later than the first day of employment. However, Section 1 should never be completed before you accept a job offer.
Employers must complete Section 2 of the I-9 form within three business days of your first day of employment. Candidates will present documents to verify their identity, choosing from a list of acceptable documents outlined on the form. The identification establishes your identity and employment authorization.
The INA protects U.S. citizens and aliens authorized to accept employment in the U.S. from discrimination in hiring or discharge on the basis of national origin and citizenship status.
Another section of the act applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations, often referred to as “H1-B workers.” This is more common in the engineering, teaching, technology, and medical professions. The number of new H1-B visas that can be issued each year is subject to a cap.
Relevance to Jobseekers:
• You will be asked for documentation to complete an I-9 form at the time of hiring. You can review the I-9 form here: http://www.uscis.gov/files/form/i-9.pdf
• As it relates to H1-B workers, a H1-B candidate cannot displace a current employee; however, as a job applicant, you may be competing with H1-B candidates.
Note: The information in this guide is not intended to provide legal, medical, or financial advice. If legal, medical, or financial advice is needed, an appropriate professional should be consulted.
