I-9 Form: Verifying Eligibility

This section explains how to comply with immigration and naturalization laws and how to avoid related liabilities, such as discrimination and harassment claims. Federal immigration and naturalization laws impose complex compliance requirements on every employer, regardless of size. These laws require you to institute procedures for verifying that an individual is authorized to work in the United States. They also establish civil and criminal penalties for knowingly hiring, referring, recruiting or retaining in employment unauthorized employees when they’re identified.

Verifying Eligibility for Employment and Establishing IdentityVerifying Eligibility for Employment and Establishing Identity
The Immigration Reform and Control Act (IRCA) of 1986 requires every employer, regardless of size, to verify that an individual is authorized to be employed in the United States. You face civil and criminal penalties for knowingly hiring, referring, recruiting or continuing to employ individuals who are not authorized to work.

Completing the Form I-9 Completing the Form I-9
The USCIS is responsible for issuing rules relating to the Form I-9, which employers should be careful to accurately complete.
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E-VerifyE-Verify
E-Verify compares information from the I-9 - Employment Eligibility Verification against federal government databases to verify employees' employment eligibility. The DHS and the Social Security Administration (SSA) operate this free, web-based system.

Discovering an Unauthorized WorkerDiscovering an Unauthorized Worker
If you discover an employee has been working without authorization or may have presented invalid documents, you should take reasonable actions to verify employment eligibility and allow the worker a reasonable amount of time to present alternative documentation.

Reverifying Employment EligibilityReverifying Employment Eligibility
You must reverify employment eligibility when a current employee's authorization documentation expires. Employment authorization must be reverified by the prior authorization's expiration date.

Worksite Immigration Enforcement and ProtectionWorksite Immigration Enforcement and Protection
The IWPA protects California workers from immigration enforcement while on the job and imposes varying fines for violating its provisions, which the Labor Commissioner and Attorney General are authorized to enforce.

Avoiding Discrimination and RetaliationAvoiding Discrimination and Retaliation
It is unlawful to discriminate against or harass employees because of their ethnic background or national origin, or to exclude applicants lawfully entitled to work in the United States for similar reasons. These prohibitions are contained in numerous overlapping statutes at the federal and state levels. The Immigration Reform and Control Act (IRCA) also discusses citizenship and discrimination requirements.

I-9 Form: Verifying Eligibility

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