Immigration Reform and Control Act | Spalding University Policy Guide

2.1.14: Immigration Reform and Control Act

The Immigration Reform and Control Act of 1986 (IRCA) requires the University to document the fact that any employee hired after December 6, 1986, is legitimately authorized to work in the United States. The Act also prohibits the University from discriminating against potential employees on the basis of nationality. All new University employees must provide proof of identity and eligibility to work. The IRCA requires the University to maintain paperwork affirming that all new employees hired have presented proof that they are eligible for employment in the United States. The employer is required to check certain documents relating to identity and work authorization and maintain on file a new Employment Eligibility Verification, (INS I-9 Form), and the employee must certify status as either a citizen or an authorized alien on or before date of employment. If the employee does not produce the required documents prior to the first day of work, the employee must produce them no later than three working days after the employee’s date of employment. If an employee who is hired for three or more days is unable to provide the document(s) within the required time period, the employee can still satisfy the requirements by presenting to the University a receipt showing application for the document(s) within three working days of appointment, as long as the document(s) are then presented within 21 days of the date of employment by the employing unit. Civil fines may be levied for failure to maintain required records; civil and criminal penalties may be levied for employing illegal aliens.