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Form I-9 can be a catch-22 for most employers

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This article originally appeared in the January 21, 2007 edition of Boca Raton News, www.bocanews.com. Reprinted with permission.

In 1986, Congress amended the Immigration and Nationality Act (INA) to make it unlawful for an employer to knowingly employ or continue to employ someone not authorized to work in the United States. The 1986 law also requires employers to complete Form I-9 for all employees hired after the law’s effective date.

Employers are burdened with enforcing the nation’s immigration laws, while simultaneously at risk of a discrimination lawsuit if they ask too many questions or request additional documents establishing work authorization. If the employer acts too zealously to ensure that the documents the employee submits are valid, it can be sued for discrimination. Employers thus face a Catch-22.

In their weekly Boca Raton News column, Hodgson Russ partners Larry Corman and Glenn Rissman provide guidance to employers in navigating the sometimes-tricky Form I-9 requirements.