Overview: Employers must comply with the Immigration Reform and Control Act (IRCA), which requires employers to verify the identity of their employees and requires employment eligibility verification of their authorization to work in the US. In order to do so, employers and employees are required to fill out a Form I-9, and it is mandatory that the employee provide documentation to the employer verifying his or her identity and work authorization.
While employers need to be diligent about completing the Form I-9, they should not be so overzealous that they end up penalizing or discriminating against authorized workers. On the other hand, employers that do not comply with the employment eligibility verification provisions of IRCA can be subject to penalties - civil and criminal. Therefore, employers should develop an effective compliance program in order to avoid such penalties and consider enrolling in E-Verify if not already required by state law or by the federal contractor rule.
Trends: One of the biggest changes to the Form I-9 is that it now gives an employer and an employee the option to either complete the Form I-9 on the computer (i.e. smart form) or on paper, or a combination of both. If completing the smart form on the computer, one of the biggest enhancements is that an employer and employee will be able to access embedded instructions in the fields to be completed.
Author: Melissa A. Silver, JD, Legal Editor
Updated to reflect forthcoming requirements for employers subject to an immigration worksite enforcement action.
Effective January 1, 2018, the Immigrant Worker Protection Act will require employers in California to demand that immigration enforcement agents obtain a subpoena or judicial warrant before entering nonpublic areas of their workplaces or accessing certain employee records.
Employers must use the updated version of the Form I-9, Employment Eligibility Verification, starting September 18, 2017.
Updated to reflect information regarding the rescission of Deferred Action Childhood Arrivals (DACA) and the Form I-9 with a revision date 7/17/17 N, effective September 18, 2017.
Updated to reflect information regarding the rescission of the Deferred Action for Childhood Arrivals (DACA).
President Trump has ordered an end to the Obama-era DACA program, which protected undocumented immigrants brought to the US as children from deportation. The administration set a March 5, 2018 deadline for Congress to act to preserve DACA's protections before individuals begin losing their legal status.
Updated to reflect Texas E-Verify laws for certain contractors, effective September 1, 2017.
Updated guidance to clarify an employer's timeframe to verify an employee's eligibility.
Updated guidance to clarify an employer's timeframe to verify an employee's eligiblity.
Updated to include information regarding the Records and Information from DMVs for E-Verify (RIDE) Program.
Guidance for HR on completing the Form I-9 for new hires in compliance with federal law. Support on proper employment eligibility verification.