Hiring From the Melting Pot
Bread & Butter, August 2001

The restaurant industry will need 1.7 million more workers by 2010, according to National Restaurant Association research. One good source of labor to meet that need is immigrant workers, however, there are many legal and bureaucratic hurdles to overcome when hiring immigrants.

The U.S. House of Representatives provided some modest assistance in May 2001 by passing a four-month extension of the 245(i) immigration program, which permits a person who is eligible for permanent residency to apply without leaving the United States. The Association supports a permanent extension of 245(i). Peter Kilgore, legal counsel for the National Restaurant Association, offers the following advice on hiring immigrant workers.

Know the law
The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal to knowingly hire or continue to employ any person who has not been lawfully admitted to the United States and who is not authorized to work in the United States.

IRCA requires employers to verify the employment eligibility of all new hires by completing a Form I-9, Employment Eligibility Verification. Adhering to this requirement will help you establish a defense that you have not knowingly hired an unauthorized alien, says Kilgore. To complete the form:

• Instruct the employee to fill out Section One of the I-9 form. Employees can use a translator, who must read the form to the employee and complete the I-9 form's Preparer/Translator Certification."
• Ask employees to present documents from a list contained on the I-9 form within three days of the date they start work.
• Examine the employee's documents and complete Section Two of the I-9 form. Make sure each document relates to the employee and reasonably appears to be genuine," states the IRCA.
  

When to say no
You cannot employ anyone whose work authorization has expired, says Kilgore. He recommends creating a system to remind employees to reapply for work authorization at least 90 days before their authorization expires. Employees must present the new documentation and complete, sign and date Section Three of the I-9 form.

Employers can face fines and criminal penalties for knowingly hiring or continuing to employ unauthorized workers. They also can be fined if they fail to complete or ret ain I-9 forms, or do not make them available for inspection.