FirstStep Employment Law Advisor

Employment Eligibility Verification Form (I-9)

The Immigration and Nationality Act (INA) includes provisions addressing employment eligibility, employment verification, and nondiscrimination. These provisions apply to all employers.  Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9).  Employers must keep each I-9 on file for at least three years, or one year after employment ends, whichever is longer.

The Immigration & Naturalization Service: Form I-9 Handbook outlines the required procedures for employers to follow when they are verifying the employment eligibility of all the workers they hire. More information about employers' responsibility for employment eligibility verification may be obtained from the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Office of Business Liaison.

The Employment Standards Administration's Wage and Hour Division and Office of Federal Contract Compliance Programs conduct inspection of the I-9 forms and report their findings to the Department of Homeland Security and the Department of Justice where disparate treatment or unauthorized employment is apparent.