I-9 Compliance

The I-9 rules require employers do the following:

Ensure all new hires complete the form prior to the beginning of their employment.

Review documents presented by the new hire as such documents pertain to the new hire’s identity AND eligibility to work legally in the United States.

  • Properly complete Section 2 of Form I-9.
  • Retain Form I-9 for 3 years after the date employment begins or 1 year after it ends, whichever is later.
  • Provide I-9’s to various governmental entities upon request.

Changes from the previous form

  • You will notice in using the new form that the list of documents that establish both identity and employment eligibility (List A) has been shortened and changed.
  • Provision of SS numbers is voluntary pursuant to section 7 of the Privacy Act (8 United States Code 552a(note)).

Avoiding “Document Abuse” by not

  • Requesting more documents than required by the I-9.
  • Requesting a particular document rather than any on the appropriate list.
  • Improperly rejecting documents that reasonably appear genuine.
  • Treating different applicants different ways by asking for different documents from certain types of applicants.

Avoiding Penalties for Unlawful Employment

  • Follow I-9 procedures and do not knowingly hire or continue to employ unauthorized workers.

The E-Verify system

  • Is a voluntary program that links I-9s with databases that assist the employer in making eligibility determinations

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