U.S. federal immigration laws will often place restrictions on or will prohibit employment of certain non-citizens.
- Mandating employment is not always feasible. Working without authorization could undermine future immigration applications.
- Mandated employment for certain non-citizen litigants who are restricted in employment could result in either non-compliance or unauthorized employment (i.e., which may trigger unintended immigration consequences).
- Courts should make an effort to determine if employment restrictions exist prior to mandating employment (i.e., including assigning a “job log”).
Employer Obligations
- Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States through the I-9 form and required documentation (e.g., US passport, LPR card, SS card, driver’s license).
- Employers may face civil and criminal penalties if they violate the law.
- No alien may accept employment in the United States unless they have been authorized to do so.
