Wonder if these companies were hit with an I-9 audit in the past.
From January 2020 to August 2022, these Chattanooga, Tennessee-based companies were found to have routinely asked lawful permanent residents to provide their green cards, while also demanding that non-U.S. citizens present various immigration-related documents, according to the DOJ.
This behavior is in violation of Biden's anti-discrimination clause of the Immigration and Nationality Act. This provision forbids employers from requesting specific or additional documents based on an employee's citizenship, immigration status, or national origin.
How do I know if someone is authorized to work in the US?
The employer has a legal duty to verify that each employee working for him is authorized to work in the US. This is the duty of the employer, not the employee. The employer is obligated to verify the employee's authorization to work by taking a copy of certain documents. They are recorded on USCIS form I-9, which is discussed below.
What is an I-9?
An I-9 is a government form that is issued by the Department of Homeland Security (DHS) / United States Citizenship and Immigration Services (USCIS). The form can be found here: USCIS I-9 Form.
Form I-9 is not filed with the Government. There is no filing fee for it. However, the employer must fill it out and keep a copy, along with a copy of the documents that it used to verify the employee's identity and their right to work in the US. The USCIS has put forth a list of acceptable documents. It can be 1 copy of any document listed in "List A" or 1 copy of a document from List B (establishing identity) and from List C (establishing the right to work):
Common List A documents include: a US passport, a green card, or an employment authorization (EAD) card.
Common List B documents include: a US state driver's license or state ID or a school ID
Common List C documents include: a US birth certificate or Social Security Card with no restriction.
What is an I-9 Audit?
An I-9 audit is just what it sounds like: an audit by the Government to verify that an employer has correctly verified the right of its workers to legally work in the US. I-9 audits are conducted by the Immigrations & Custom Enforcement agency (ICE).
Under the Obama Administration, I-9 audits have increased dramatically. They have risen from 500 audits to over 2500 in the first term of the Obama administration. I-9 audits can result in fines from $110.00 - $1100.00 per violation. As such, they are a good source of revenue for the government and the Obama administration is targeting businesses to get that revenue.
Wonder if these companies were hit with an I-9 audit in the past.
How do I know if someone is authorized to work in the US?
The employer has a legal duty to verify that each employee working for him is authorized to work in the US. This is the duty of the employer, not the employee. The employer is obligated to verify the employee's authorization to work by taking a copy of certain documents. They are recorded on USCIS form I-9, which is discussed below.
What is an I-9?
An I-9 is a government form that is issued by the Department of Homeland Security (DHS) / United States Citizenship and Immigration Services (USCIS). The form can be found here: USCIS I-9 Form.
Form I-9 is not filed with the Government. There is no filing fee for it. However, the employer must fill it out and keep a copy, along with a copy of the documents that it used to verify the employee's identity and their right to work in the US. The USCIS has put forth a list of acceptable documents. It can be 1 copy of any document listed in "List A" or 1 copy of a document from List B (establishing identity) and from List C (establishing the right to work):
Common List A documents include: a US passport, a green card, or an employment authorization (EAD) card.
Common List B documents include: a US state driver's license or state ID or a school ID
Common List C documents include: a US birth certificate or Social Security Card with no restriction.
What is an I-9 Audit?
An I-9 audit is just what it sounds like: an audit by the Government to verify that an employer has correctly verified the right of its workers to legally work in the US. I-9 audits are conducted by the Immigrations & Custom Enforcement agency (ICE).
Under the Obama Administration, I-9 audits have increased dramatically. They have risen from 500 audits to over 2500 in the first term of the Obama administration. I-9 audits can result in fines from $110.00 - $1100.00 per violation. As such, they are a good source of revenue for the government and the Obama administration is targeting businesses to get that revenue.
https://www.lawfirms.com/resources/immigration-law/working-in-the-us/hiring-undocumented-illegal-workers.htm#:~:text=The%20penalties%20for%20failing%20to%20verify,authorization%20for%20ALL%20of%20their%20workers.&text=The%20penalties%20for%20failing,ALL%20of%20their%20workers.&text=for%20failing%20to%20verify,authorization%20for%20ALL%20of