Difficulty: Easy

Average Score: 100%

What must employers do to satisfy the Immigration Reform and Control Act?

Rationale

Employers must retain records of their employees' eligibility to work in the United States for three years after the employees are hired.

This requirement ensures that employers can demonstrate compliance with the Immigration Reform and Control Act (IRCA) and helps maintain a legal workforce by confirming employee eligibility.

A (Retain records of its employees' eligibility to work in the United States for three years after the employees are hired) CORRECT

This option correctly reflects the requirements of the IRCA, which mandates that employers document and keep records verifying the employment eligibility of their employees for a specified duration. This is essential for demonstrating compliance with federal immigration laws.

B (Conduct independent investigations into the accuracy of passports and Social Security cards provided by new employees) YOUR ANSWER

While employers must verify the identity and eligibility of their employees, the IRCA does not require them to conduct independent investigations into the accuracy of documents. Instead, they must rely on the documents presented by employees, assuming they appear genuine.

C (Prefer citizens over legal aliens when making hiring decisions) YOUR ANSWER

The IRCA prohibits discrimination based on citizenship status in hiring decisions. Employers must treat all legal workers equally, and the act specifically protects against discrimination towards legal aliens, making this choice incorrect.

D (Report suspected terrorists to the Department of Homeland Security) YOUR ANSWER

Although employers have a general duty to report illegal activities, the IRCA does not specifically mandate employers to report suspected terrorists. This choice misinterprets the primary focus of the IRCA, which is on employment eligibility rather than security reporting.

Conclusion

To comply with the Immigration Reform and Control Act, employers are required to retain verification records of employee eligibility to work in the U.S. for three years post-hire. This ensures adherence to immigration laws while protecting the rights of all employees, regardless of their citizenship status. Incorrect options either misrepresent legal obligations, introduce unnecessary verification processes, or imply discriminatory practices that are not permissible under the act.

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