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All Employers Have Obligations Under Immigration Law

By Alka Bahal
October 01, 2004

Suppose that you represent an employer that does not hire foreign nationals and is in an industry that does not lend itself to foreign workers. Does your client nevertheless have responsibilities under the Immigration Reform and Control Act of 1986 (IRCA)? The answer — surprising to too many employers and attorneys — is yes. The IRCA prohibits unfair immigration-related employment practices and makes all U.S. employers responsible for verifying the “employment eligibility” and “identity” of all employees hired to work in the United States after Nov. 6, 1986.

Penalties Under the IRCA: in the Aggregate, They Matter

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