I. POLICY
On November 6, 1986, the Immigration Reform and Control Act of 1986 (IRCA) became law and thereby created new obligations for all employers to obtain and keep verification of each new employee’s identity and employment eligibility. The intent of the Act is to gain control of the immigration process (through use of the employment process).
The University of Akron’s Compliance with IRCA:
Regardless of nationality,
within the first 3 days of employment the University must:
Check and verify the identity and employment eligibility of all new employees
Retain the Form I-9 for 3 years after the date the person begins work,
or 1 year after the person’s employment is terminated, whichever
is later; and
Make the Form I-9 available for inspection to an officer of the Immigration
and Naturalization Service (INS), the Department of Labor (DOL), or the
Office of Special Counsel for Immigration Related Unfair Employment Practices
(OSC) upon request.
Penalties for Failing to Comply With IRCA:
Civil Penalties
Employers who fail to properly complete, retain, and/or make available
for inspection Forms I-9 as required by law may face civil penalties of
not less than $100 and not more than $1,000 for each employee for whom
the Form I-9 was not properly completed, retained, and/or made available.
Penalties For Prohibited Practices:
Criminal Penalties
People who use fraudulent identification or employment eligibility documents,
or documents that were lawfully issued to another person, or who make
a false statement or attestation for purposes of satisfying the employment
eligibility verification requirements, may be fined, or imprisoned for
up to 5 years, or both.