The Immigration and Nationality Act
The Immigration and Nationality Act (INA) deals with issues surrounding employment and verification of citizens, immigrants, residents, and alien workers in the United States. This is an important issue to be aware of, especially in today’s political climate, where immigration and the hiring of illegal workers is a hotly debated topic.
The INA includes provisions for employment eligibility, verification responsibility, and discrimination. All of these issues affect immigrants in various levels of resident status, from citizens to alien workers authorized to work in the United States.
Under the regulations of the INA, workers are only allowed to hire employees who are legally eligible to work in the United States. It is the responsibility of the employer to verify the employment eligibility of a potential worker. They do this chiefly via Form I-9, which requires original documentation of eligibility status. Employers are required to keep this form on hand for up to 3 years or 1 year after employment ends, whichever is longer.
The Immigration and Nationality Act also protects against discrimination. It states that employers are not permitted to discriminate based on race or national origin. This provision is enforced by the Department of Justice.
If you or someone you know has been discriminated against or has otherwise encountered an employer who does not comply with the INA, you may be entitled to reparations. For more information, contact the Austin labor attorneys of The Melton Law Firm at (512) 330-0017. We will put our years of legal experience to work for you.