Hiring Immigrants: Walking the Line...
There are millions and millions of legal aliens in this country, as well as eight million illegal aliens, most of whom are seeking employment. What hiring guidelines do you need to follow?
Federal law prohibits businesses with four or more employees from discriminating in employment because a person is not a U.S. citizen or national. This encompasses aliens who have been lawfully admitted into the country on permanent or temporary status. It also includes those who have applied for temporary status.
You can determine a job applicant’s status by checking documents that verify citizenship or alien status. These include:
• U.S. passport
• Certificate of U.S. Citizenship (INS FORM N-560 or N-561)
• Certificate of Naturalization (INS Form N-550 or N-570)
• Unexpired foreign passport with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization
• Permanent Resident Card or Alien Registration Receipt Card with photograph (INS Form 151 or I-551)
• Unexpired Temporary Resident Card (INS Form I-688)
• Unexpired Employment Authorization Card (INS Form I-688A)
• Unexpired Reentry Permit (INS Form I-327)
• Unexpired Refugee Travel Document (INS Form I-571)
• Unexpired Employment Authorization Document issued by the INS with photograph (INS Form I-688B)
• U.S. Social Security card
• Certification of birth abroad issued by the Department of State (Form FS-545 of Form DS-1350)
• Original or certified copy of a birth certificate issued by a possession of the U.S.
• Native American tribal document
• U.S. Citizen ID Card (INS Form I-197)
• ID Card for use of resident citizen in the U.S. (INS Form I-179)
Once hired. all employees must complete Form I-9 within three days of employment. Instructions to the form detail what documentation the employee needs to present and where you file the form.
English-only requirements
Can you insist that only English be spoken at your company? The laws are not entirely clear on this point. If you want to adopt such a policy, make sure there is a very sound business purpose for the rule before implementing it.
If you have questions about English-only rules or other requirements with respect to aliens, visit www.eeoc.gov.
