5-Minute to Human Resource Management - Job Applicants that can Legally Work in the U.S.
Note:
Much of the data contained in this article was obtained by using artificial intelligence software.
The author is responsible for the organization and actual wording of the content.
What Federal Law Says About Hiring Illegal Workers:
The Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful for employers in the U.S. to knowingly hire or continue to employ individuals who are not authorized to work in this country.
The IRCA created the employer requirement to verify both the identity and the employment authorization of every new hire using Form I-9, Employment Eligibility Verification.
Not only must an employer keep the I-9 forms of each employee on file, but they must also be prepared to present those to representatives of the Department of Homeland Security, the Department of Justice or the Department of Labor.
Employer Penalties for Violating the IRAC:
First Offense; Up to $5,724 for each illegal worker.
Second Offense; Uo to $14,308 for each illegal worker.
Third Offense; Up to $28,619 for each illegal worker.
For employers who show a pattern of hiring illegal worker face fines & up to 5-months imprisonment.
Employers who falsify worker documentation can face up to 5-years in prison.
Categories of People Authorized to Work on the US:
U.S. Citizens who were either born in the U.S. or its territories.
Naturalized U.S. Citizens who have completed the process for U.S. citizenship.
Lawful Permanent Residents who possess a Green Card (Form I-551).
Non-Citizens Authorized to Work by the Department of Homeland Security.
Other Special Cases such as under certain authorized humanitarian programs.
List A Documents Recognized Under the I-9 Program for Legal Employment:
An unexpired U.S. Passport or Passport Card.
A Permanent Resident Card (Form I-551, “Green Card”)
A Foreign Passport with an I-551 stamp.
An Employment Authorization Document with photo (Form I-766).
A Foreign Passport with Form I-94 that authorizes employment in the U.S.
Cautionary Note:
Federal law prohibited employers from directly asking job applicants if they are U.S. citizens.
A workaround this prohibition is to ask the applicant if they can legally work in the U.S.
Wrap-Up:
As of January 2025, the Center for Immigration Studies estimated that there were 10.8-million illegal workers in the U.S., equaling to 6.7% of the entire workforce.
The construction industry employs the most illegal workers, followed by agriculture, hospitality/food service and manufacturing.
Arguably, any economic benefits that illegal workers in the U.S. may bring are probably offset by the billions of dollars spent by the federal and state governments on immigration enforcement along with the additional $Billions spent on providing social services to the illegal like food stamps, healthcare & public education.
The largest federal penalties imposed on a U.S. company was in 2017, when the Asplundh Tree Expert Company was fined $95-million for hiring thousands of Illegal workers from 2010 to 2014.
Hiring illegal workers brings employers legal, ethical, financial, business & reputational risks.
About the Author:
Rob Brooks is the Loss Control Manager for Centurion Insurance Services in Charleston, West Virginia. He has over 40-years experience in his profession having worked for some of the leading insurance carriers and brokers. Rob has professional certifications in both human resource management (CHRS) and workers compensation (CWCP) from Michigan State University’s School of Human Resources & Labor Relations.
Rob can be contacted at: (606)434-0739, or [email protected]
