ALIEN MANUAL - IMMIGRATION INFORMATION, SECTION A1

The Immigration and Nationality Act (INA) and regulations determined by the Immigration and Naturalization Service (INS) govern whether or not an alien may receive payments for services as well as reimbursements for travel and living expenses.

In 1952, the McCarran-Walter Act was passed and became the basic foundation of immigration rules and regulations for the United States. It has been amended over the years. The most significant revisions were the Immigration Reform and Control Act (IRCA) of 1986; the Immigration Act of 1990, and Immigration and Naturalization Amendments of 1991.

The Immigration Reform and Control Act (IRCA) of 1986 made it illegal for an employer to knowingly recruit or hire an individual (after November 6, 1986) who could not document their legal authorization to work in the United States. The Act required that employers verify documents for newly hired individuals and keep a record of verification on form I-9, Employment Eligibility Verification. Employers who failed to obtain and file the proper documentation would be subject to a civil penalty starting at $100 per violation. The Act also allowed aliens who had been residing in the U.S. illegally since January 1, 1982 to apply for amnesty.

The Immigration Act of 1990, and Immigration and Naturalization Amendments of 1991 placed further restrictions on employers. In particular, the Immigration Act of 1990 caused reorganization of permanent employment requirements and added the prevailing wage restriction for H-1 visa holders.

As revisions of immigration rules and penalties for violations thereof continue to grow, it is extremely important to determine the immigration status of aliens before departments remit any type of payment.

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