Understanding the Immigration Reform and Control Act of 1986 (IRCA): A Legal Overview

Definition & Meaning

The Immigration Reform and Control Act of 1986 (IRCA) is a federal law that regulates the hiring of individuals in the United States. It mandates that employers may only hire individuals who are legally authorized to work in the U.S., which includes U.S. citizens, nationals, and aliens with work authorization. Under this act, employers are required to verify the identity and employment eligibility of all new hires by completing the Employment Eligibility Verification Form (I-9). This law aims to prevent discrimination based on citizenship or national origin and applies to employers with as few as four employees.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A small business owner hires a new employee and completes the I-9 form to verify that the employee is authorized to work in the U.S. The business owner keeps the form on file for the required duration.

Example 2: A company faces penalties for failing to complete I-9 forms for its employees, highlighting the importance of compliance with the IRCA. (hypothetical example)

What to do if this term applies to you

If you are an employer, ensure you are familiar with the IRCA requirements. Complete the I-9 form for all new hires and keep it on file for the required duration. If you need assistance, consider using US Legal Forms' templates to help you stay compliant. If you face complex situations regarding employment eligibility, seeking professional legal help is advisable.

Quick facts

Attribute Details
Typical penalties for non-compliance Fines can range from $250 to $20,000 per violation, depending on the severity.
Jurisdiction Federal law applies across all states.
Retention of I-9 forms At least three years or one year after employment ends, whichever is longer.

Key takeaways

Frequently asked questions

The I-9 form is used to verify an employee's identity and eligibility to work in the U.S.