As you prepare to hire employees, be sure that you understand all laws and regulations about employee eligibility. In particular, the Immigration and Nationality Act (INA) governs immigration and citizenship in the United States. The INA is especially important to small business owners because it addresses employment eligibility, employment verification and non-discrimination. This guide provides an overview of these provisions and assistance on how to comply with the INA.
Employee Eligibility Verification (I-9 Form)
Federal law requires you, as an employer, to verify an employee's eligibility to work in the United States. Within three days of hiring a new employee, you must complete an Employment Eligibility Verification Form, commonly referred to as an I-9 form. This requires examining acceptable forms of the employee’s documentation to confirm his or her citizenship or eligibility to work in the United States. You can only request documentation specified on the I-9 form. Employers who ask for other types of documentation not listed on the I-9 form may be subject to discrimination lawsuits.
You do not file the I-9 with the federal government. Rather, you are required required to keep an I-9 form on file for three (3) years after the date of hire or one (1) year after the date the employee's employment ends, whichever is later. The U.S. Immigration and Customs Enforcement (ICE) agency conducts routine workplace audits to ensure that employers are properly completing and retaining I-9 forms, and that employee information on I-9 forms matches government records.