The Immigration Reform and Control Act of 1986 (IRCA) prohibits employment discrimination based on citizenship status. The Act also requires employers to verify that all employees hired after November 6, 1986, U.S. citizens or not, are legally authorized to work in the United States.

The employer may require proof of identity, such as a driver's license or state-issued I.D. card, and work authorization, such as a Social Security card or U.S. birth certificate. Some documents prove both identity and work authorization, such as a U.S. passport, a certificate of naturalization, a permanent resident alien card or an Immigration and Naturalization Service work permit. Employers cannot specify which documents they will accept, or require more documents if those presented appear to be genuine. Employers who impose citizenship requirements, or give preference to U.S. citizens, in hiring or employment opportunities may have violated IRCA, unless these are legal or contractual requirements for particular jobs. An employer who singles out individuals of who appear to be foreign, to provide employment verification may have violated both IRCA and Title VII of the Civil Rights Act.

An employer cannot legally refuse to hire a documented worker, citizen or non-citizen, because the worker has a foreign name, speaks with an accent or was born in another country. An individual does not have to be a citizen to work in the United States. However, an employer is permitted to hire a citizen over a non-citizen if both are equally qualified, or if citizenship is required for a particular job under federal, state or local law, or by government contract.

Examples of employer discrimination that violate IRCA include:

• Refusing to hire someone authorized to work, or firing an employee, because he or she was born in a foreign country, appears to be foreign or has a foreign name or accent.
• Asking newly hired workers to produce more documents than the law requires.
• Prematurely requesting documents. Employer asks to see a job applicant's documents before making a decision that the person is qualified and extending a job offer. Person does not get job and believes that citizenship status discrimination, revealed through the examination of the documents, is the reason.
• Requesting more or different documents. Employer asks for a particular kind of document, such as a "green card," a document with an Alien Number, or another INS document, in addition to those offered by applicant.
• Asking only certain persons for documents. Employer requests work authorization documents only from persons with accents.
• Hiring only citizens or non-citizens. Employer hires only citizens for jobs, although the employer is not required to do so pursuant to law or government contract; or employer prefers and hires non-citizens rather than citizens types of work.
• Rejecting persons whose work authorization expires in the future. Employer refuses to hire person because employment eligibility document indicates that it expires at some future date.
• Inaccurately concluding that documents are false. To avoid employer sanctions, employer routinely calls government agencies to determine whether documents offered by applicants are legitimate. Employer relies upon information to decide, incorrectly, that applicant does not have work authorization and refuses to hire him or her.

In addition to fines, employers can be ordered to pay lost wages for applicants not hired or employees discharged in violation of discrimination provisions. Employers can be ordered to hire applicants or reinstate discharged employees if discrimination is found.