Here at the Law Office of Vincent Miletti, Esq. and the home of the #UnusuallyMotivated movement, we take pride as a resilient and dependable legal services firm, providing such services in both a traditional and online, web-based environment. With mastered specialization in areas such as Employment and Labor Law, Intellectual Property (IP) (trademark, copyright, patent), Entertainment Law, and e-Commerce (Supply Chain, Distribution, Fulfillment, Standard Legal & Regulatory), we provide a range of legal services including, but not limited to traditional legal representation (litigation, mediation, arbitration, opinion letters and advisory), non-litigated business legal representation and legal counsel, and unique, online legal services such as smart forms, mobile training, legal marketing and development.

Still, here at Miletti Law®, we feel obligated to enlighten, educate, and create awareness, free of charge, about how these issues and many others affect our unusually motivated® readers and/or their businesses. Accordingly, to achieve this goal, we have committed ourselves to creating authoritative, trustworthy, & distinctive content. Usually, this content is featured as videos posted on our YouTube Channel and blogs that are published on our website WWW.MILETTILAW.COM. With that, the ball is in your court and you have an effortless obligation to subscribe to the channel and sign up for the Newsletter on the website, which encompasses the best way to ensure that you stay in the loop and feel the positive impact of the knowledge bombs that we drop here!

As the authoritative force in Employment Law, it only seemed right to introduce one of the many upcoming series in which we introduce a variety of topics that looks to educate and deliver in a manner that only Miletti Law® can. To that end, this blog is Part II of our new series on “EEO’s Provisions of the Immigration Reform and Control Act (IRCA of 1986).” As a legal firm specializing in, among other legal areas, Employment and Labor Law, we have been creating a diverse but focused range of content to educate, train, keep you informed, and ensure that you, our unusually motivated® readers, stay ahead of the game in matters related to the labor law. Again, this is the primary reason we have dedicated a good percentage of our blogs to looking at every nook and cranny of Employment and Labor Law.

As mentioned in Part I, we aim to provide you, as the employer, with a hands-on guide to the provisions of EEO (Equal Employment Opportunity) as set forth under the Immigration Reform and Control Act (IRCA) of 1986. Pursuant to Pub. L. 99-603, IRCA serves to provide financial and criminal penalties for employers that hire illegal aliens knowingly and requires that employers attest to the citizenship status of their employees. Importantly, employers are prohibited from discriminating against employees and applicants based on their nationality origins and citizenship statuses by the EEO’s provisions of IRCA, as codified at 8 U.S.C. § 1324b.

In this regard, this blog is Part II of our new series and a discussion of “Individual Coverage of Immigration Reform and Control Act (IRCA),” as the first key issue related to the Immigration Reform and Control Act (IRCA) and its Equal Employment Opportunity (EEO) provisions.

Individual Coverage of Immigration Reform and Control Act (IRCA)

Pursuant to 8 U.S.C. §§ 1324b(a)(3)(A),(B), there are several categories of individuals that are covered and, therefore, protected by IRCA. These individuals include lawful permanent residents, nationals, and citizens of the United States, as well as individuals granted asylum to remain in the country and refugees. However, it is critical to note that aliens living or staying in the country illegally are not protected by IRCA.

Furthermore, if a permanent resident or national of the U.S. cannot show proof that they have been actively pursuing naturalization or if their application has been pending for more than two years or if they fail to apply for naturalization within six months of eligibility, then such an individual may lose their protection.

In Part III of this series, we will move the discussion forward by hammering on “Employer Coverage of Immigration Reform and Control Act (IRCA),” the second key issue related to the Immigration Reform and Control Act (IRCA) and its Equal Employment Opportunity (EEO) provisions.

In the meantime, stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.