Prospective Foreign Employee's Certificate of Naturalization
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Under IRCA verification procedures, may an employer insist that a prospective employee with a foreign accent produce either a certificate of naturalization or an Alien Registration Card?
Do you believe OSHA should consider the cost of compliance? If so, and assuming employee injuries and fatalities can be traced back directly to the lack of regulation because of the cost, how far are you willing to go before you require the safety measure be taken regardless of cost?
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Solution Summary
This solution explains if it is legal for a prospective employer to check an applicant's Certificate of Naturalization status or Alien Registration Card, if the prospective employer believes that the applicant is foreign. This solution also explains if OSHA should consider the cost of compliance when enacting laws and regulations.
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Under IRCA verification procedures, may an employer insist that a prospective employee with a foreign accent produce either a certificate of naturalization or an Alien Registration Card?
The main purpose of IRCA was to get employers in the U.S. to stop hiring known illegal aliens. As part of this effort, we have the IRCA regulations and Form I-9, which employees are required to complete. The main problem was that employers, particularly in the agriculture and landscaping industries, were employing illegal aliens and paying them very low wages, which were not being reported to the IRS (and subsequently, not being taxed). Once is was realized how large the problem was, IRCA and Form I-9 were enacted. With regards to documentation, an employer cannot discriminate based on immigration status. The employer must receive documentation, as required under IRCA and Form I-9, to prove immigration status. The most common documents would include a ...
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