Professional in Human Resources (PHR) Practice Exam

Who is typically responsible for verifying employment eligibility under the Immigration and Nationality Act?

1. The employee themselves

2. The hiring manager

3. The employer

4. The immigration office

The correct answer is: The employer

The employer is typically responsible for verifying employment eligibility under the Immigration and Nationality Act (INA). This responsibility is critical, as it involves ensuring that all employees are legally permitted to work in the United States. Employers must complete the Form I-9, Employment Eligibility Verification, for each new hire, which includes examining documentation presented by the employee that establishes their identity and employment authorization. The process is designed to prevent unauthorized individuals from obtaining employment and to ensure compliance with federal laws. While the employee provides the necessary documentation and the hiring manager may facilitate the hiring process, the ultimate responsibility for ensuring compliance lies with the employer. This includes maintaining records of the I-9 forms and supporting documentation and being prepared for any audits by immigration authorities. The immigration office plays a role in enforcing compliance and regulations but is not directly responsible for the verification process carried out during hiring.