The Immigration and Nationality Act requires employers to verify all employees' identity and eligibility to work in the United States . Employers must complete a Form I-9 for all employees, even U.S. citizens. The form must be retained by the employer and may be requested for review by the Bureau of Immigration and Customs Enforcement (BICE) (formerly the Immigration and Naturalization Service or "INS") or during a wage and hour audit by the Department of Labor.

Form I-9 requires the employee to produce documents showing his or her eligibility to work in the United States and the employer to examine those documents. Both must sign Form I-9. The employer then retains the form.

Who must complete an I-9?

• Form I-9s must be completed and retained for all employees hired after November 6, 1986 .
• This requirement applies to all employers; there is no minimum number of employees.
• Not covered: casual hires, independent contractors and employees of independent contractors, domestic servants in B-1 status, and B-1 trainees on short term training programs.

How and when must the Form I-9 be completed?

• The employer must complete Form I-9 within 3 business days of hire.
• If the employee cannot produce verification documents within 3 days, he/she can have up to the 90th day of hire if he/she submits a receipt for an application of replacement documents.
• In Section 2 of Form I-9, the employer must attest that it has examined documents verifying both identity and work eligibility. The I-9 form provides lists of acceptable documents, which duplicates the lists on the I-9 Handbook for Employers.

How long must employers retain the Form I-9?

• Employers must retain the completed I-9 and make it available for inspection by the BICE or the U.S. Department of Labor until the later of 3 years from the date of hire or one year after termination.

Employers are advised to have a separate file for I-9 forms for all employees rather than include them in the individual personnel files.