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Eligibility for Employment
Discussion
NPCs should subscribe to a policy of equal employment
opportunity regardless of national origin. Federal law mandates that all
new hires must furnish proof of employment eligibility or citizenship
within the first three days of employment. The employer must retain a
completed USCIS Form I-9 for each employee hired after 1986.
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. Any employee who cannot establish their legal right to work in this
country within three days must be terminated.
Some candidates, however, 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.
Employers may be subject to fines of up
to $1,000 per error for incomplete or improperly completed I-9s, and up
to $10,000 per person for employing illegal workers.
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.uscis.gov/portal/site/uscis
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