IRCA Compliance and I-9 Audits

Stern & Curray has in-depth experience advising clients on employment eligibility verification issues. The Immigration Reform and Control Act of 1986 (IRCA) originally created the employer sanctions provisions found under Section 274A of the Immigration and Nationality Act.

Employers are required under federal law to verify the identity and employment eligibility of every employee hired in the U.S. after November 6, 1986. Recently, many states have also enacted laws that impose additional requirements on employers.

Most employers will never file a visa application for a worker and many business owners assume that having no foreign employees means that they do not have to worry about immigration laws. However, all employers must comply with immigration laws or risk being subject to enforcement actions that can carry stiff penalties.

The first mechanism for compliance is the I-9 Employment Eligibility Verification Form that every employer must complete for newly hired employees. Failure to comply with the I-9 process can result in significant fines, loss of access to government contracts, criminal charges, and highly negative publicity for a company. Despite the focus on immigration in the news, a large number of companies fail to properly comply with the I-9 process.

Our representation of employers includes audits, education, and training on I-9 compliance. The Stern & Curray I-9 team is focused on proactively aiding our clients in achieving, maintaining, and defending compliance with the law.

Contact us for more information on I-9 compliance.