Employee Work Eligibility
In addition to paying you, your employer takes on the responsibility of proof to the federal government that you can legally work in the United States.
In addition to paying you, your employer takes on the responsibility of proof to the federal government that you can legally work in the United States.
In addition to paying you, your employer takes on the responsibility of providing proof to the federal government that you can legally work in the United States. The U.S. Citizenship and Immigration Services (USCIS), under the Department of Homeland Security, is responsible for administering the nation’s lawful immigration system and employment verification process.
To work in the United States, a non-citizen must have one of the following:
Each of the documents listed above have different application requirements.
Employers are required to verify that individuals they plan to hire or continue to employ in the United States are authorized to accept employment. Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the United States must ensure that all such individuals complete Form I-9, Employment Eligibility Verification, and verify such completion.
Form I-9 consists of three sections:
E-Verify is a web-based system that allows participating employers to confirm eligibility to work in the United States. In the program, employers electronically match information provided by employees on the Form I-9 against records available to the Social Security Administration and the Department of Homeland Security. The program is voluntary for employers, although some states make it mandatory and federal contractors are required to use the program.
Employers that knowingly hire unauthorized individuals are subject to civil penalties in accordance with the Immigration and Nationality Act.
Employers may not discriminate on the basis of national origin, citizenship, or immigration status. They cannot request particular documents or reject reasonable, genuine-looking documents from new-hires.
If an individual does file charges with the Department of Justice against the employer for violating unfair documentary practices or discrimination, the employer may not retaliate against the individual. Employers can also be penalized if they retaliate against an individual who asserts their rights under anti-discrimination provisions of the Immigration and Nationality Act.
Employers with a pattern of behavior that violate immigration laws are subject to criminal charges. The amount of the penalties can vary depending on the nature of the violation and whether civil or criminal. Civil penalties increase each year based on inflation in accordance with the Consumer Price Index.
Learn more about USCIS and its role in immigration and employment verification.