Extraordinary temporary employees also should satisfy the Extraordinary Ability standard. These congruences between the immigrant and nonimmigrant classifications should be considered before an employer decides which visa classification is most appropriate for a prospective employee. Under IRCA, employers have the responsibility not to knowingly hire unauthorized aliens or maintain them as employees once their employment authorization expires. Employers also must verify on Form I-9 the identity and authority to work of all employees. Finally, IRCA prohibits discrimination in employment because of an applicant's national origin or citizenship status.
Criminal penalties are possible for employers who engage in persistent violations.
In April 1991, the INS announced that it would step up enforcement efforts under IRCA, so employers should be careful to maintain compliance with its provisions.