Masonry Magazine August 1987 Page. 32
Documents Evidencing Both Work Authorization and Identity
1. United States Passport;
2. Certification of United States Citizenship;
3. Certification of Naturalization;
4. Unexpired foreign passport with appropriate current endorsement authorizing the individual's employment; or
5. Resident alien card or other alien registration card containing a photograph of the individual or other approved personal identification.
If the job applicant cannot produce any of the above listed documents, you must request that he present separate documents evidencing work authorization and identity. The following documents are the only acceptable ones:
Documents Evidencing Work Authorization Only
1. Social Security Card;
2. Certificate of Birth in the U.S. or establishing U.S. Nationality at birth; or
3. Other documentation found acceptable to the Attorney General (to be announced).
Documents Establishing Identity Only
1. Driver's license or other state identification document if it contains a photograph of the individual or other personal identification documents found acceptable to the Attorney General; or
2. If the individual is under 16 years of age or resides in a state which does not issue an identification card other than a driver's license, documentation or other personal identification found acceptable to the Attorney General (to be announced).
Thus, in order to fulfill your dual verification requirements in this situation, you must obtain one document from each table.
These provisions described above do not apply to the hiring, recruiting or referring of an individual for employment before November 6, 1986, or to the continued employment of an unauthorized alien hired before that date.
Legalization of Aliens
Although this section of the Act may not directly apply to you as an employer, you should know its basic features. The legalization program applies to any alien who entered the U.S. prior to January 1, 1982 or whose period of unauthorized stay expired before January 1, 1982, and who has continuously resided in the U.S. in an unlawful status since such date.
The qualifying alien must apply to the INS for temporary-resident status between May 5, 1987 and
Form 1-9
U.S. Department of Justice
Immigration & Naturalization Service
May 4, 1988 and must show that he has "resided continuously in the U.S. since January 1, 1982." The individual will not become ineligible merely because of "brief and casual" absences from the U.S.
Once an alien has maintained temporary-resident status for eighteen months, he may apply to the Attorney General during the following twelve months for adjustment to permanent-resident status. At that time, the alien must also be able to establish that he has continuously resided in the U.S., is generally acceptable (e.g., not convicted of any felony or three or more misdemeanors) and has (or is in the process of acquiring) basic citizenship skills such as knowledge of the English language and United States history. If the alien with temporary resident status meets these requirements, then he will receive permanent-resident status. The identification card issued to permanent residents is widely known as the "green card." It allows the individual to remain permanently in the U.S., if he so chooses.
Keep in mind that under the legalization program, obtaining temporary resident status is a prerequisite for permanent residency. Also, either status allows an alien to work in the U.S.
Non-Discrimination
The Act prohibits discrimination against U.S. citizens and authorized aliens with respect to hiring, recruitment or referral for a fee. Unlike other provisions of the Act, which apply to any entity regardless to size, the anti-discrimination provisions apply only to employers of four (4) or more employees. It is not considered a violation of this section to prefer an equally qualified citizen or national of the U.S. over an authorized alien. If the alien has superior qualifications, however, you may not prefer the U.S. citizen. For your protection, you should retain proof of the qualifications of all applicants.
Penalties
Prior to July 1, 1987, no proceeding, order or warnings will be issued on the basis of any violations of the hiring rules. For a twelve (12) month period beginning on July 1, 1987, the first instance of a violation of the section of law prohibiting hiring of unauthorized aliens will result in a citation to the employer indicating that such a violation may have occurred, but no proceedings or orders shall issue as a result. The second and subsequent violations shall result in regular processing by the Attorney General with proceedings, orders and penalties possible. There is one important exception to these enforcement dates of which you should be aware: violation of the anti-discrimination provisions are subject to penalty immediately, without any warning or grace period.
The Act provides for progressive civil monetary penalties ranging from $250 to $10,000 per violation and other sanctions against employers who knowingly hire, recruit or refer for a fee unauthorized aliens.