Curran & Berger LLP

This is a short list of publications concerning the hiring of foreign workers that HR professionals will find useful.

The 1986 Immigration Reform and Control Act (IRCA) requires that employers verify that all employees have proper work authorization. The centerpiece of this system is the I-9 form, which employers must complete within three days of the start of work for each employee. This section explains some of the issues involved with maintaining a strong I-9 compliance program at your company.

The following article was originally written by Dan Berger, Esq. for college and university attorneys, and was published in the January 2001, issue of Bender's Immigration Bulletin. However, the conclusions about the intersection between employment and immigration law apply equally to private corporations.

A common question that arises at the beginning of the visa process for a faculty or staff member is: "Does the application mean that we are promising a job for the full term of the visa?" Many colleges assume the answer is "yes," and refuse to sponsor an alien for more than the time specified in her employment contract. However, the limited case law in this area is clear -- the intended term of employment on a visa application is NOT a promise of a job for that full term. Colleges may be able to save time, effort and money by reviewing their visa policy with their counsel's office.

E-Verify (formerly the Basic Pilot/Employment Eligibility Verification Program) is an online system operated jointly by the Department of Homeland Security and the Social Security Administration (SSA). Participating employers can check the employment eligibility of new hires online by comparing information from an employee's Form I-9, Employment Eligibility Verification, against SSA and Department of Homeland Security databases.