How does the Immigration Reform & Control Act affect New York employers & employees?

The Immigration Reform and Control Act (IRCA) was established by the Office of Federal Contract Compliance Programs (OFCCP) as a way of regulating the persons who are eligible for hire by employers in the United States. Under the guidelines of IRCA, employers are permitted to hire only those workers who have been legally sanctioned to work in the U.S. In essence, only citizens, nationals, and authorized aliens will be eligible for hire under the stipulations of the IRCA. To fully understand this Act, a New York immigration attorney from Pozo Goldstein, LLP should be contacted as soon as possible.

Since it was established in 1986, the Immigration Reform and Control Act – also referred to as the Simpson-Mazzoli Act – has required that U.S. employers verify the identity of potential employees while also confirming their eligibility for employment in the country before making an actual hire. To do so, they are expected to utilize the Employment Eligibility Verification Form (Form I-9). In addition to thoroughly inspecting the Form I-9 of their employees, the IRCA also called for employers to keep this form on file for at least three years of an employee’s occupation, or one year aft the employee’s service ends (whichever is longer).

Reforms to U.S. Immigration Law

Perhaps the most significant change to come from the IRCA was its criminalization of an employer who knowingly hired an illegal alien. Business owners who are found to be employing a non-citizen of the U.S. who has not been authorized to work in the country can face financial penalties for their “encouragement” of undocumented immigration. Specifically, the act’s reforms included the following provisions:

  • The requirement that employers attest to the immigration status of their employees
  • The legalization of certain seasonal agricultural illegal immigrants
  • The legalization of illegal immigrants who entered the U.S. before January 1, 1982 and have resided in the country continuously with the penalty of back taxes, fines, and admission of guilt
  • The illegalization of knowingly hiring or recruiting an authorized immigrant
  • Work with a New York Immigration Lawyer

    Whether you are an employer in the U.S. or you are an immigrant who is seeking employment in the country, you could benefit greatly from seeking the professional legal services offered at Pozo Goldstein, LLP. At our firm, we have dedicated a combined 90+ years of professional experience to working in the legal field, and we are prepared to do the same for you.

    The immigration employment process can be complicated – for both the employer and the employee. As such, we make ourselves available to assist in all matters of immigration law that include employment concerns of any nature. From labor certification, to employment-based visas, to the specific laws associated with hiring immigrants for work in the U.S., we are here to answer your questions and guide you through the legal process.

    If you are currently seeking employment in the U.S., or you are an employer who is unsure of your rights and responsibilities as they relate to immigration law and reform, we encourage you to contact our office. We are committed to supporting your needs in all matters of immigration law, so don’t wait to contact us for the professional support and legal guidance that you need. We provide legal representation to speakers of Spanish, Portuguese, Italian, and French.