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INA > Section 274A INA: Section 274A - Unlawful Employment of Aliens Section 274A as amended by the Immigration Reform and Control Act of 1986 (IRCA) I9 Review Making Employment of Unauthorized Aliens Unlawful. It is unlawful for a person or other entity to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection ) with respect to such employment, or to hire for employment in the United States an individual without complying with the requirements of subsection or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act), to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the requirements of subsection . It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph , to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment. A person or entity that establishes that it has complied in good faith with the requirements of subsection with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph with respect to such hiring, recruiting, or referral. For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after the date of the enactment of this section, to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection ) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph . For purposes of paragraphs and , a person or entity shall be deemed to have complied with the requirements of subsection with respect to the hiring of an individual who was referred for such employment by a State employment agency (as defined by the Attorney General), if the person or entity has and retains (for the period and in the manner described in subsection ) appropriate documentation of such referral by that agency, which documentation certifies that the agency has complied with the procedures specified in subsection with respect to the individual's referral. For purposes of this section, if an individual is a member of a collectivebargaining unit and is employed, under a collective bargaining agreement entered into between one or more employee organizations and an association of two or more employers, by an employer that is a member of such association, and (ii) within the period specified in subparagraph , another employer that is a member of the association (or an agent of such association on behalf of the employer) has complied with the requirements of subsection with respect to the employment of the individual, the subsequent employer shall be deemed to have complied with the requirements of subsection with respect to the hiring of the employee and shall not be liable for civil penalties described in subsection . The period described in this subparagraph is 3 years, or, if less, the period of time that the individual is authorized to be employed in the United States. If any employer that is a member of an association hires for employment in the United States an individual and relies upon the provisions of subparagraph to comply with the requirements of subsection and the individual is an alien not authorized to work in the United States, then for the purposes of paragraph , subject to clause (ii), the employer shall be presumed to have known at the time of hiring or afterward that the individual was an alien not authorized to work in the United States. The presumption established by clause may be rebutted by the employer only through the presentation of clear and convincing evidence that the employer did not know (and could not reasonably have known) that the individual at the time of hiring or afterward was an alien not authorized to work in the United States. Clause shall not apply in any prosecution under subsection . The requirements referred to in paragraphs and of subsection are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs: Attestation after examination of documentation. The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining a document described in subparagraph , or (ii) a document described in subparagraph and a document described in subparagraph . A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents that reasonably appears on its face to be genuine and that is sufficient to meet the requirements of the first sentence of this paragraph, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce such another document. A document described in this subparagraph is an individual's United States passport; A document described in this subparagraph is an individual's social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States); or (ii) other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section. A document described in this subparagraph is an individual's driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section; or (ii) in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver's license) referred to in clause , documentation of personal identity of such other type as the Attorney General finds, by regulation, provides a reliable means of identification. If the Attorney General finds, by regulation, that any document described in subparagraph , , or as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Attorney General may prohibit or place conditions on its use for purposes of this subsection. The individual must attest, under penalty of perjury on the form designated or established for purposes of paragraph , that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Attorney General to be hired, recruited, or referred for such employment. After completion of such form in accordance with paragraphs and , the person or entity must retain the form and make it available for inspection by officers of the Service, the Special Counsel for ImmigrationRelated Unfair Employment Practices, or the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual and ending in the case of the recruiting or referral for a fee (without hiring) of an individual, three years ...
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