U.S. employers are required to verify the identity and employment eligibility of their employees. Every employer must fully complete an I-9 form within 3 business days of hiring an employee. The employer must examine the employee’s identity documents and employment eligibility. The I-9 form requires personal identification information of the employee and serves as proof that the employee is authorized to work in the U.S.
The U.S. employer is required to maintain the original I-9 forms, for each employee for inspection by the Department of Homeland Security (DHS). Employers must also maintain the I-9 forms for past employees within the last 3 years from the date of hire, or 1 year after the employee is no longer employed, whichever is longer.
Employers may confirm the I-9 information with E-Verify, a free internet-based program operated by the DHS. The program verifies the employee’s eligibility to work in the U.S. E-Verify is voluntary and not required by the DHS. Failure by the employer to verify this information may subject the employer to severe civil and criminal sanctions.