Enrolling in the electronic verification system and the duties that follow, the audit that begins with three days' notice, correcting and retaining employment eligibility records, the penalties for paperwork failures compared with knowing violations, discrimination in how documents are demanded, changing employer while a residence petition is pending, and transferring a manager between related companies.
The statute treats an employee as having specialized knowledge where they have special knowledge of the company product and its application in international markets, or an advanced level of knowledge of the company's processes and procedures. The regulation adds research, equipment, techniques and management to the list. Refusals turn on evidence that describes competence generally rather than knowledge that is distinguishable within the field.
It is an unfair practice to discriminate in hiring, recruitment or referral for a fee, or in discharge, against a protected individual because of citizenship status, or against any individual because of national origin. Protected individuals include citizens and nationals, lawful permanent residents, certain temporary residents, refugees and asylees, subject to naturalization timing conditions. An employer may prefer a citizen over an alien only where the two are equally qualified.
A worker satisfies the verification requirement by presenting one document establishing both identity and work authorization, or one document of identity together with one establishing authorization. The choice among acceptable documents belongs to the worker. Requesting more or different documents than the statute requires, or refusing documents that reasonably appear genuine and to relate to the individual, is an unfair practice where done with intent to discriminate.
The statute treats good faith compliance with the verification procedure as an affirmative defense to a charge of hiring an unauthorized worker. Separately, a good faith attempt to comply excuses a technical or procedural failure unless the employer declines to correct it after notice. Good faith also appears as one of five factors adjusting a paperwork penalty. A pattern or practice of unlawful employment forfeits the statutory protections.
Inspection of the verification forms requires no warrant or subpoena, and the regulation entitles the employer to at least three business days' notice. In practice the notice arrives with a subpoena listing supporting records the agency also wants: payroll, active and terminated employee lists, articles of incorporation and business licenses. The subpoena is the enforceable instrument, and its schedules define the true scope of the production.
The enforcement section may seek information, require production of the verification forms, inspect premises and take testimony, with access to books, records, systems and witnesses. It must decide within 120 days whether to file a complaint and notify both parties if it does not. An order may require cease and desist, hiring with or without back pay, civil penalties per individual, notices, training, record retention and removal of adverse personnel entries.
