The Immigration and Nationality Act requires a lot from employers. And even small mistakes – like asking for the wrong documents – can get companies in big trouble.
One recent example: A Glendale, CA, Macy’s location was hiring for an open position. The candidate it chose was a lawful permanent resident who produced the required work authorization documents.
But Macy’s delayed the hiring because it believed – incorrectly – that lawful permanent residents had to produce unexpired permanent resident cards. And it had done the same for other workers in the past.
Fact is, lawful permanent resident workers can produce any documents that satisfy the Form I-9 requirements, just as U.S. citizens can.
Macy’s hired the employee and gave her full back pay. But the retailer was still on the hook for an $8,700 civil penalty as a result of its mistake.
List A, or List B & C
This was an honest mistake but one that cost the company money. Remember, documents on Form I-9 are broken down as follows:
- List A, establishing identity and employment authorization
- List B, establishing identity, and
- List C, showing employment authorization only.
If an employee submits a valid List A document or List B and C documents, that person has satisfied the requirements – and you shouldn’t ask for any additional documentation.
