12 Things Employers Need to Know About I-9

1. I-9, Employment Eligibility Verification, is a Department of Homeland Security Form used for the verification of identity and employment authorization of individuals employed in the U.S.

2. The general rule is that all employers must complete and retain Forms I-9 for every person they employ on or after November 6, 1986.

3. Exceptions include volunteers, independent contractors, individuals not working in the U.S., casual domestic workers in a private home who work on a sporadic, irregular, or intermittent basis, and individuals who were hired before 11/06/1986 and are still being employed.

4. Employer may not ask for information to complete Form I-9 from an individual before making a job offer.

5. In case of a rehired employee, employer must complete a new I-9 if the employee is rehired more than 3 years of the original hire date.

6. Employee must complete Section 1 of Form I-9 on the first day of work, and employer is liable for defects in the completion of Section 1.

7. Employers must examine original documents that verify identity and employment authorization of the employee and verify the documents on Form I-9 within 3 business days of hire.

8. Employers cannot require individuals to present specific identity and employment authorization documents for verification.

9. Employers cannot accept expired documents.

10. If an employee presents document verifying employment authorization that contains an expiration date, employer is required to reverify the I-9 of such employee no later than the date work authorization expires.

11. Employer is not required to make a copy of the employee’s documents. However, it the employer chooses to make a copy, the copy must be retained with the Form I-9.

12. Employer must retain I-9 for the entire employment period and for 3 years after the date of hire or one year after the date of termination, whichever is later.

The Law Office of Jing Yeophantong, PLLC presents this information as a service to members of the general public. Use of this information does not constitute, in any manner, an attorney-client relationship between The Law Office of Jing Yeophantong, PLLC and the user. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularized advice of your own counsel. Anyone seeking specific legal advice or assistance should retain an attorney.

The information is provided as is without warranty of any kind, either express or implied. , including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

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