With the Immigration Reform and Control Act of 1986 (IRCA) Congress instituted employer sanctions, including criminal and civil penalties, against employers that hire persons who are not legally authorized to work in the U.S.  In order to comply with the law against hiring unauthorized workers, all U.S. employers are required to verify the identity and employment eligibility of all new employees, including U.S. citizens and permanent residents.  This is done by recording employee information on Form I-9 and reviewing documents listed on the back of the I-9 form that establish both the employee's identity and eligibility to work.  Every employer, regardless of size or number of employees must undertake this employment verification process.   

Forms I-9 must be updated when the document provided by the employee for employment authorization has an expiration date.  Therefore, I-9s should be regularly audited.  I-9s must be retained for a period of 3 years or 1 year after the employee's termination date.  I-9s are not required for persons employed for casual domestic work in a private home on a sporadic, irregular or intermittent basis; persons who are independent contractors; or persons who provide labor who are employed by a contractor providing contract services.  Quan, Burdette and Perez helps companies to create I-9 compliance plans and conducts internal audits.  Please contact an attorney if you require assistance in this area.

Below is a listing of links to detailed information on Form I-9 procedures provided by the U.S. Department of State and U.S. Citizenship and Immigration Services.

Quan, Burdette & Perez is not responsible for the content of the articles. Changes in immigration laws and policies occur frequently and the articles may not be immediately updated. Pleased be advised that interpretation of general information should not take the place of legal advice provided by an experienced immigration lawyer familiar with the specifics of your case.