PUBLIC LAW 99-603—NOV. 6, 1986
100 STAT. 3361
with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral. "(4) USE OF LABOR THROUGH CONTRACT.—For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after the date of the enactment of this section, to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A). "(5) USE OF STATE EMPLOYMENT AGENCY DOCUMENTATION.—For
purposes of paragraphs (1)(B) and (3), a person or entity shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of an individual who was referred for such employment by a State employment agency (as defined by the Attorney General), if the person or entity has and retains (for the period and in the manner described in subsection (b)(3)) appropriate documentation of such referral by that agency, which documentation certifies that the agency has complied with the procedures specified in subsection (b) with respect to the individual's referral. "(b) EMPLOYMENT VERIFICATION SYSTEM.—The requirements re-
ferred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs: "(1) ATTESTATION AFTER EXAMINATION OF DOCUMENTATION.—
"(A) IN GENERAL.—The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining— "(i) a document described in subparagraph (B), or "(ii) a document described in subparagraph (C) and a document described in subparagraph (D). A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents that reasonably appears on its face to be genuine and that is sufficient to meet the requirements of such sentence, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce such a document. "(B)
DOCUMENTS
ESTABLISHING
BOTH
EMPLOYMENT
AUTHORIZATION AND IDENTITY.—A document described in
this subparagraph is an individual's— "(i) United States passport; i; "(ii) certificate of United States citizenship; "(iii) certificate of naturalization; "(iv) unexpired foreign passport, if the passport has an appropriate, unexpired endorsement of the Attorney
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