SSN Policy Manual

Employment Issues

officer should he ask you. Without your signature, the burden of proof lies solely with the I.N.S. and their questioning you could easily become harassment. Don't surrender your rights so easily! Serving Notice The best way to handle this is to make a copy of the regulation written below and give that copy to the person asking you complete the form. Tell them that they are using the form (a) General. This section states the requirements and procedures persons or entities must comply with when hiring, or when recruiting or referring for a fee, or when continuing to employ individuals in the United States. For purposes of complying with section 274A(b) of the Act and this section, all references to recruiters and referrers for a fee are limited to a person or entity who is either an agricultural association, agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and Seasonal AgriculturalWorker Protection Act, 29 U.S.C. 1802). The Form 1-9, Employment Eligibility Verification Form, has been designated by the Service as the form to be used in complyingwith the requirements of this section. .. . Since federal law prohibits an employer fiom knowingly hiring an unauthorized alien, it would be prudent for you to offer your employer a signed testament that you are a lawful resident or a natural born citizen. You might include a copy of your birth certificate or some other proof with that testament. You may use one of the appropriate samples from "Sample Letters and Forms" on page 209. If the employer is adamant about expecting you to sign an I.N.S. Form 1-9, and thus surrender your rights as a citizen, then you might consider serving them with a copy of the following document. You should complete two copies of this form and serve one to the employer and keep a copy for your own records. Since employers, like most people, really incorrectly and they are asking you to violate the law. 8 CFR 5274a.2 Verification of employment eligibility.