Fundamental Payroll Certification (FPC) Practice Exam

Who holds the responsibility for verifying employee eligibility to work in the US?

1. Employee themselves

2. Federal government

3. Employer

4. Hiring manager

The correct answer is: Employer

The responsibility for verifying employee eligibility to work in the United States primarily lies with the employer. This obligation is mandated by federal law, specifically through the Immigration Reform and Control Act (IRCA), which requires employers to verify the identity and employment authorization of all employees hired after November 6, 1986. Employers must complete Form I-9 for each new hire, ensuring that the employee provides appropriate documentation that proves both identity and work eligibility. While employees are required to provide accurate and truthful information, and the federal government sets the overall framework and provides resources to assist employers in this process, the onus ultimately falls on the employer to carry out the verification process. Employers must ensure they maintain compliance with these verification requirements to avoid penalties and legal issues related to hiring unauthorized workers. Although hiring managers may be involved in the hiring process, they typically operate under the policies set by the employer regarding eligibility verification; thus, the ultimate responsibility rests with the employer as a whole.