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Home » Immigration Lawyer Articles » Employer sanctions provision
Employer sanctions provision

What is “Employer sanction provision”?
Immigration Reform and Control Act (IRCA) was passed in 1986, it includes many provisions, and Employer Sanction Provision is one of the provisions passed in the act. Originally it was passed in the favor of U.S. citizens, but it reflects the favor of both U.S. citizens and non citizens. The main them of the provision is that no employer can employ any employee after 1986, who is not eligible and documented whether U.S. citizen or Non U.S. citizen. After the law has passed, it was too much criticized by employers and foreign employees. Employers were on the view that they hire foreign employers at low salary. Thus, this act was clear and in favor of both U.S. and non us employers.

Any employer and employee must fill “Employment Eligibility Form” and submit to Immigration and Naturalization Service (INS).

Aliens (Non U.S. citizens) criticized and said that employers would not employ non U.S. citizens. But there was another provision in the act supporting the non U.S. citizens, which says,
If an alien is authorized and documented and eligible for job, U.S. employers must employ him or her. This provision apparently favors non U.S citizens.

In case of violation, both employer and employer will be penalized. The fine may be from $100 to $1000 for not submitting any letter, after an employee has left the job.

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