Discussion

NPCs should subscribe to a policy of equal employment opportunity regardless of national origin.  Federal law mandates that all new hires must complete section 1 of INS Form I-9 by the close of business on the first day of work and must furnish proof of employment eligibility or citizenship (i.e., original documents) within the first three days of employment.  Generally, INS Form I-9 is not retained in the in the employee’s file to prevent the possibility that information it contains could be used in a discriminatory manner.

During the initial selection process, it is crucial that an individual's employment eligibility be verified.  During the interview, ask the candidate whether he/she can provide proof of employment eligibility. Most candidates will have citizenship.  Proof may take the form of a U.S. passport or certificate of U.S. citizenship; or one each from a list of documents that establishes identity and from a list that establishes employment eligibility provided on the INS Form 1-9.

However, some candidates may be aliens and proof of eligibility may be in the form of an unexpired foreign passport with attached employment authorization, or an alien registration card with photograph. For additional forms of proof see INS Form I-9.

Alien Resident: A non-U.S. citizen with a "green card" that authorizes his/her employment for a specified period of time.

Alien Nonresident: A non-U.S. citizen with a VISA allowing him/her to be in the US for a specified period of time.  He/she must also have employment authorization of some kind. If you are considering selecting an alien nonresident for employment, you must determine whether the individual is employable by the NPC.  Many visas have strict employment restrictions.

Helpful links:
http://www.ins.gov