Employment Law Practice Exam

Which of the following is true regarding employer compliance with the Immigration Reform and Control Act?

1. Employers must verify a person's eligibility to work in the U.S. before starting work

2. Employers are required to copy and retain copies of documents proving eligibility

3. If documents appear genuine, employers need not verify authenticity

4. All of the above

The correct answer is: All of the above

Employers are required to comply with the Immigration Reform and Control Act (IRCA), which establishes specific responsibilities regarding the verification of an employee's eligibility to work in the United States. The first statement is accurate: employers must indeed verify a person's eligibility to work in the U.S. before the individual starts work. This involves completing Form I-9, which requires employees to present acceptable documents that prove their identity and work authorization. The second statement also holds true, as employers are required to retain copies of the documents that employees present to verify their eligibility to work. This retention is crucial for maintaining compliance and providing proof in the event of an immigration audit. The third statement is correct as well; while employers must review the documents presented, if those documents appear genuine and relate to the individual, they are not obligated to further investigate the authenticity of the documents. This means that a visual confirmation is sufficient as long as the documents do not raise any red flags. Thus, since all the statements detail aspects of employer obligations under the IRCA, the correct response reflects that all of these points are indeed true.