American Work permit – Official Rules & Regulations of American Work Visa

Discrimination or Document Abuse Prohibited

While it is the responsibility of the employer to ensure that the regulations are met, the employer cannot discriminate against aliens. Discrimination or document abuse involves asking too many questions or asking for more than the required number of documents to prove work authorization. For example, requiring additional documents from a person with a foreign name or a foreign accent could amount to discrimination. Employers must walk a fine line between following the law and being overly cautious; making assumptions which can result in discrimination.

The major responsibility of an employer, whether the new employee is an alien or a US worker, is to complete the “Employment Eligibility Form” or the I-9, as it is commonly known.

The I-9 form helps the Immigration and Naturalization Service (CIS) in enforcing immigration laws. An employer may not knowingly or unknowingly hire an illegal work. This is punishable by law. An I-9 can be used as evidence against an employer who fails to properly complete and store the forms, whether or not any of the employees are illegal aliens. Civil and criminal penalties may be levied against employers for violating rules.

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