labor lawAdivision of labor law center

Today I want to talk about I-9 forms. Despite rumors of immigration reform, employers would be wise to continue to be vigilant about obtaining completed I-9 forms from new employees. Employers who fail to obtain proper documentation from new employees can be fined up to $200,000 per instance.

Under the law, employers may hire only persons who may legally work in the U.S. This includes 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). Employers must keep each I-9 on file for at least three years, or one year after employment ends, whichever is longer.

The I-9 form was introduced under The Immigration and Nationality Act (INA) of 1986. The act includes provisions addressing employment eligibility, employment verification and nondiscrimination. These provisions apply to all employers.

Most employers have employees complete the I-9 on their scheduled first day of work, before clocking in. The employee must note on the form if they are legally entitled to work in the U.S. The employee must also provide identification, for the employer to photocopy. Normal forms of identification would be a state-issued photo I.D. or driver’s license, plus a social security card. Immigrants can provide an alien registration card (also called a “green card”) instead.

The INA protects U.S. citizens and aliens authorized to accept employment in the U.S. from discrimination in hiring or discharge on the basis of national origin and citizenship status. The law applies equally to every potential employee, regardless of race, color, country of origin or languages spoken. In particular, employers should not use the INA law and the I-9 form as a way to discriminate against Hispanic or other employees. Nor should the I-9 be used solely for employees for whom English is a second language.

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