As part of its mission
to ensure national security, DHS is
charged with enforcing the laws
requiring employers to employ only
individuals authorized to work in the
United States. The Form I-9 requirement
stems from Section 274A of the
Immigration and Nationality Act and
implementing regulations, which require
all U.S. employers (including
agricultural associations or employers
who recruit or refer persons for
employment for a fee) to verify on the
Form I-9 the identity and employment
eligibility of all employees --
including U.S. citizens -- hired to work
in the United States after November 6,
1986.
Completed Forms I-9
are not filed with the federal
government. Instead, they must be
retained by the employer in its own
files and made available for inspection
by DHS, the Special Counsel for
Immigration-Related Unfair Employment
Practices (OSC), or the Department of
Labor (DOL) for three years after the
date of hire or one year after the date
the employee's employment is terminated,
whichever is later. Recruiters or
referrers for a fee are required to
retain the Form I-9 records for three
years after the date of the hire.
Failure to properly complete and retain
the Form I-9 subjects the employer to
civil penalties ranging from $110 to
$1,100.
On October 30, 2004,
the President signed legislation into
law (Public Law 108-390) authorizing
employers to retain Forms I-9 in
electronic format, in addition to the
current choices of paper, microfilm or
microfiche. The legislation also
authorizes attestations on the Form I-9
to be manifested by an electronic
signature. The legislation prescribed an
effective date of April 29, 2005, or the
effective date of implementing
regulations, whichever occurred first.
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