Yeah sorry, i was muddled up with the I-129 form.

I'm not usually a man of very many links but here you go:

http://www.uscis.gov/files/form/i-129.pdf

I had a look at Justice's guidlines on the INA, its pretty tough, you get in more trouble "over-verifying" a person's status than you do if you don't do enough checking!

Only your own. The Dr.'s post, on the other hand, was actually quite witty and fun to read.

Absolutely.

For example, here is LS's initial post describing this event:

LS mentioned that the man seeking employment put down his driver's licence number and Social Security Number. I linked a brochure listing the acceptable documents and will relink them here:

http://www.justice.gov/crt/osc/pdf/p...s/en_wbroc.pdf

The list is at the bottom of the brochure.

If he was able to produce both those documents and they appeared genuine on their face, then he was required to accept them for filling out the I-9 form that he must keep in his office for such hirings.

Employment Eligibility Verification

It is unlawful to either request more or refuse those documents. Obviously it's illegal right off the bat to discriminate against immigrants per se with 'Americans only' hiring requirements or to have blanket 'English Only' requirements without satisfying the burdens if and when they can be applied and how.

The proper remedy for suspected bogus documents is to ask the government to verify them. One cannot assume 'illegal status' but must instead follow the rules.

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Yup, absolutely, i have to say that was a good catch on your part, you may well have saved LS a lot of money (and his license/job/business) if he heeds your advice.

If most immigrants didn't learn English, you'd have a point. The numbers don't bare that out though...

My lawyer and office manager, who was once personal manager for Coca Cola, says different.

And it is easy to get a fake SS number here in Alt. The Payday loans places are getting busted weekly for the sale of legal looking but fake SS cards with stolen numbers. You take the SS card to the DMV, out with a DL as long as you can prove place of residency.

I cannot believe the AJC and the local employment agency I use would break the hiring laws. Nor would my lawyer who is a personal friend.

But thanks for the concern.

How do I hire only Americans? Because I am replacing a American held job by hiring another American for the job which is perfectly legal.

Also, the English only is also legal as my employees are hired as salesman/drivers. They must be able to communicate with my customer for the purpose of taking and filling orders which is part of their job description at the time of hiring. I do not service any Spanish speaking accounts, thus to do business with my customers my employees must speak good English.

But it does make me wonder. Maybe I should hire a couple Spanish speaking employees to seek the Spanish owned business accounts. If they are going to be here illegally I might as well make some money back from the taxes I pay for their anchor babies, WIC and Food stamps.

That would be one aspect but the "Americans only" policy of hiring though is grossly discriminatory under the laws we have on the books atm. (I'm not saying endorsing or condemming the INA one way or another) but that is seperate to the level of verification/how thoroughly you vet your employee's residency status.

Edit: But its your affair at the end of the day and these are just some of my thoughts; Bere is the lawyer, not me.

Sorry, your edit came in after my post. Seeing as you have legal advice etc i see no need to add any of my own further input. (I'm not a lawyer and its not my expertise).

No problem. I will admit that I don't know much about it either. I help out once in a while to interview, but mostly leave the screening and interviewing up to the agency or my office manager. I just happened to be in the office that day while my OM was on short vacation. This dude was answering the ad I posted with the AJC. He would have never made it to my office if the agency had sent him.

If you look at those links, 'English' requirements aren't unlawful per se but they have to be truly job related and there are guidelines. That's why I posted them so you can have them and follow the guidelines on it. I also posted the documents requirements. It's definitely illegal to hire illegals but you can really hit hot water on the Civil Rights Act and the INA if you foul the requirements as they concern legal ones. That's why I'd also print out that list of documents you must accept them if they would look genuine objectively. You just keep the I-9 form and copies of the documents on file to CYA. One can verify independently later but that law must be followed. Most definitely change that ad so it isn't overbroad and runs off legal workers. Make a call to those federal agencies and they'll tell you that discrimination on the basis of legal work authorised immigrants versus citizens is unlawful.

Just go by the book and you'll be fine. Not knowing what the laws and procedures are is where most get fouled and it's a tightrope to let the legal work and keep out the illegals--a dual obligation--unless the procedures are followed. As with most things, CYA is always the rule of thumb.

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Maybe I need to place you on retainer. hmmmm....Wonder if I could afford you?

Thanks for the links. I will have my OM check them out. As I stated, I don't do much of the hiring only the firing which isn't often.

To be honest, my company started out as a family run business owned by my two uncles. They sold out to me because their children didn't show any interest in taking it over when they retired. I am basically following their guideline on hiring practice because they had to do something right over the 30 years they ran it. Maybe we are a bit outdated but I have talked with both my lawyer and OM about how I feel about hiring Americans only. Both ensured me that if I replaced a American held job with another American nothing legal would I be held accountable for. Since taking this business over, I have hired quite a few temps and added 2 positions/routes. Not once have I had and complaints filed nor has anyone from the ACLU come knocking at my door wanting to sue because I hire only American. Actually, I have had only a few non Americans even apply because of the job requirements I list. Being a Vet will put you at the front of the line for employment is also part of my employment ad. But remember, I am not Wal-Mart. I have 7 perm employees and up to three temps during the busy season to help in the warehouse and routes.

On Monday I will call my lawyer and ask again because I am not the type of person that would break any laws on purpose.

Thanks for the advise.

In my opinion, if Obama wanted kids to learn another language, becasue it is helpful, that makes sense, but, shouldn't it be a language that we use for business, trade, etc? Such as chinese. I mean, how many spanish speaking countries do we make a lot of business with? And, even if we do, I doub't that it's sizeable to what we do with China. If a language should be required to learn, which I think it should, we should have to learn a more useful language. To me, it seemed that Obama wants to make things easier for the spanish speaking people who don't want to learn english. Which is wrong. Like someone else said above me, I too have no sound, so I can't see the video.

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"A man flattened by an opponent can get up again. A man flattened by conformity stays down for good."
-Thomas J. Watson