“Equal justice under law is not merely a caption on the facade of the Supreme Court building, it is perhaps the most inspiring ideal of our society.”
– Lewis Powell Jr., U.S. Supreme Court Justice

How does IRCA affect your hiring of foreign workers?

On Behalf of | Dec 5, 2025 | Business Immigration |

Hiring foreign workers can support your company’s growth, but it also adds important legal steps you must follow. You take on specific responsibilities under the Immigration Reform and Control Act (IRCA), and understanding those rules helps you keep your workplace secure and compliant.

Understanding your verification duties

IRCA requires you to verify every new hire’s identity and work authorization. You complete Form I‑9 for each employee, and you review the documents they provide. You must check the documents in person and confirm they look genuine. You keep the forms on file and store them in a way that allows quick access during an inspection.

Avoiding discrimination while verifying workers

You must check authorization for every new hire, no matter where they were born. When you apply the rules fairly, you lower the chances of discrimination claims. You cannot ask for specific documents, and you cannot treat foreign‑born workers differently during the hiring process. Consistent practices protect your company.

Handling re-verification and expired documents

Some employees may have temporary work authorization. When that authorization expires, you must update the Form I‑9. You review the new documents the employee brings and record the updated information. You cannot re‑verify U.S. citizens or green card holders. Careful tracking of expiration dates helps you meet your obligations.

Keeping proper records for inspections

You keep I‑9 forms for a set period based on each worker’s start and end dates. Organized files allow you to respond quickly if the government schedules an inspection. You follow both federal rules and any additional Illinois requirements. Strong recordkeeping helps your company stay compliant and prepared.

When you plan to hire more foreign workers, you benefit from strong hiring procedures. Clear policies help your managers apply the rules the same way with each new employee. When your team understands the process, you reduce mistakes and support smooth onboarding.