Form I-9, Employment Eligibility Verification, is used to establish the employment eligibility of persons being considered for employment, requiring employees to hire only those persons who are eligible to legally work in the United States.

The law also obliges U.S. employers not to discriminate against individuals on the basis of national origin or citizenship, or require different additional documents from an individual as part of the I-9 compliance process.

All employees hired after November 6, 1986, must complete the Form I-9 within three days of the start of employment.  If the duration of employment is less than three days, Form I-9 must be completed at the time employment begins.  Each form must be duly signed by the employee and employer, and must contain proper documentation evidencing the employee’s identity and employment eligibility.

E-Verify is an online system operated jointly by the Department of Homeland Security and the Social Security Administration (SSA). Participating employers can check the work status of new hires online by comparing information from an employee's I-9 form against SSA and Department of Homeland Security databases.

Forms I-9 are not filed with the U.S. government, and must be maintained by the company for three years after the date of hire or one year after the date the employee's employment is terminated, whichever is later.  Form I-9 records may be stored at the worksite or at a company headquarters or other location, and must be transmitted to the worksite within three days of an official request for production of the documents for inspection.

Ogletree Deakins regularly assists employers in developing compliance plans and conducting audits of employer I-9 files to ensure compliance with these important legal obligations.