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Employer Sanctions: The Basics |
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Employers may only hire or continue to employ aliens who are authorized to work in the United States.
Employers must verify the identity and employment authorization of every employee hired after November 6, 1986 by use of DHS Form I-9. This paperwork must be retained for three years after employment begins or one year after termination, whichever is longer.
I-9s must be made available for inspection by the DHS upon three days’ written demand notice by DHS. Employers have the right to a hearing before an administrative law judge in the event of violations.
Fines for violations range from $100 to $10,000. Criminal penalties can apply for a “pattern or practice” of hiring unauthorized aliens.
Employers may not discriminate against employees based upon citizenship, lawful permanent resident status, or national origin.
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