Immigration Compliance Fundamentals
Immigration compliance is a critical responsibility for HR professionals. The Immigration Reform and Control Act (IRCA) of 1986 established the framework that makes employers responsible for verifying the identity and employment authorization of all individuals hired in the United States, regardless of citizenship or national origin.
For HR professionals studying for the SHRM-CP or SHRM-SCP exam, immigration compliance questions focus on I-9 verification, common visa categories, E-Verify, and the anti-discrimination provisions of IRCA. Getting these details right on the exam (and in practice) helps organizations avoid significant penalties.
Every employer in the United States must complete Form I-9 for each person they hire. There are no exceptions based on company size, and the requirement applies to both citizens and noncitizens.
Form I-9 Verification Process
The Form I-9 process has specific timelines and requirements that are commonly tested on the SHRM exam:
- Section 1: Must be completed by the employee no later than the first day of employment (though it can be completed after accepting the job offer but before starting work).
- Section 2: Must be completed by the employer within three business days of the employee's first day of employment. The employer must physically examine original documents presented by the employee.
- Acceptable documents: The employee can present one document from List A (which proves both identity and work authorization) or one document from List B (identity) combined with one document from List C (work authorization).
- No document specification: The employer cannot tell employees which specific documents to present. Employees choose their own documents from the acceptable lists.
I-9 forms must be retained for three years after the date of hire or one year after the date of termination, whichever is later. Employers should store I-9 forms separately from personnel files for efficient retrieval during audits.
Common I-9 errors include accepting expired documents, failing to complete Section 2 on time, and specifying which documents an employee must provide. These errors can result in civil penalties during a government audit.
Common Visa Categories
HR professionals should be familiar with the most common work visa categories:
- H-1B: For specialty occupation workers with at least a bachelor's degree. Subject to an annual cap with limited exemptions (such as universities and research institutions).
- L-1: For intracompany transferees in managerial, executive, or specialized knowledge roles. L-1A is for managers/executives; L-1B is for specialized knowledge employees.
- O-1: For individuals with extraordinary ability or achievement in their field.
- TN: For Canadian and Mexican citizens under the USMCA (formerly NAFTA) in specific professional occupations.
- F-1 OPT: Allows international students to work in their field of study for up to 12 months after graduation (extended to 36 months for STEM fields).
The SHRM exam may test your understanding of which visa category applies to a given scenario, as well as the employer's obligations regarding visa sponsorship and Labor Condition Applications.
Anti-Discrimination Provisions and E-Verify
IRCA includes important anti-discrimination provisions that HR professionals must follow:
- Employers cannot discriminate against individuals based on their citizenship status or national origin during hiring, firing, or recruitment.
- The anti-discrimination provision of IRCA applies to employers with 4 or more employees (a lower threshold than Title VII's 15).
- "Document abuse" occurs when an employer demands specific documents or rejects valid documents based on an employee's citizenship status or national origin.
E-Verify is an internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration. While voluntary for most private employers, E-Verify is mandatory for federal contractors and in several states. Employers enrolled in E-Verify must still complete Form I-9 for every new hire.
Start Practicing Today
Immigration compliance is tested on the SHRM exam, which includes 134 questions over 4 hours at Prometric or OnVUE. Know the I-9 timeline, acceptable document rules, and anti-discrimination provisions to answer these questions confidently.
SHRMpractice.com provides practice questions on immigration compliance and all major HR law topics. Try our free diagnostic to see where you stand, and sign up for full access to our study materials.