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Page 12 of 17 |
Must an employer verify the citizenship or right to work of employees? |
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Yes, the Immigration and Nationality Act of 1990 requires employers to ask employees to present certain original documents to establish their identity and employment eligibility within 3 business days of the date their employment begins, and to verify on INS Form I-9 that they are eligible to be employed in the U.S. (If the person is being hired for 3 or fewer days this must be done immediately when starting work.)
Employers are responsible for examining the acceptable original documents. (The only exception is a certified copy of a birth certificate.) However an employer may not ask for more documents than is reasonable as that sometimes is a pretext for illegal discrimination. |
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