Form I-9 is an employment eligibility form that the United States Citizenship and Immigration Services (USCIS) administers. An employee completes Form I-9 to verify their identity and their legal authorization to work in the United States (US). The Immigration Reform and Control Act of 1986 mandates that US employers have a complete Form I-9 for each of their employees within the United States.
Form I-9 requirements
Federal law requires employees who receive pay within the US to complete Form I-9. On Form I-9, employees attest under penalty of perjury that they have a work status below:
- A US citizen
- A US non-citizen national
- A lawful permanent resident
- An alien authorized to work
Employees must also provide documents that prove their eligibility to work.
You can use the Checkr Dashboard to verify Form I-9.
E-Verify
E-Verify is a website that compares information from an individual’s Form I-9 to the US Department of Homeland Security (DHS) and Social Security Administration (SSA) records. If the information matches, that individual is eligible to work in the US. Federal and local law require that some employers use E-Verify. Checkr partners with Tracker I-9 to integrate E-Verify into the Checkr Dashboard.
Consult your legal counsel about E-Verify-related compliance.
Enforcement
The US Immigration and Customs Enforcement agency (ICE), enforces the employment eligibility provisions of the Immigration and Nationality Act (INA).
ICE can issue a Notice of Inspection (NOI) to an employer requesting copies of its Form I-9 documents within three business days. Employers who commit I-9 violations could face civil or criminal penalties.
Employers must have Form I-9 documents for their employees. Employers must keep Form I-9 documents for three years after the hire date, or one year after the employee leaves, whichever is later.
Consult with your legal counsel about your Form I-9 legal requirements including for storage, audits and enforcement.