Employment Eligibility Verification Federal Regulations

As part of our employment and labor law discussion, yesterday we dicussed the basics of the ACA for small business owners. Today, we are discussing the commonly known federal regulation that requires employers in the United States to complete an I-9 Form for each person they hire for employment.

In the United States, federal regulations require employers to "verify the identity and employment authorization" of its employees. See https://www.uscis.gov/i-9.

Specifically, federal regulations instruct employers as follows:

Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.

On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.

See https://www.uscis.gov/i-9.

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*This blog post should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only.