As a U.S. employer, you have responsibilities under immigration law related to hiring and retaining employees. Learn about employment eligibility verification, remaining in compliance and where to go for help.
As a U.S. employer, you must verify the identity and employment authorization of every person you employ and pay.
The Immigration Reform and Control Act (IRCA) requires you to complete and retain Form I-9, Employment Eligibility Verification. IRCA prohibits you from hiring or employing individuals, including U.S. citizens, who are not authorized to work in the U.S. It also requires you to verify employees’ identities and employment authorizations.
Completing Form I-9
All U.S. employers must ensure Form I-9 is properly completed for each individual they hire to work in the U.S. This includes citizens and noncitizens.
- Your employees must complete Section 1 and provide acceptable documents proving their identities and authorizations to be employed in the U.S. The list of documents they may provide as proof can be found on the last page of Form I-9.
- You (or your authorized representative) must complete Section 2. You must first examine the documents employees have presented to determine if they appear genuine. Then, you must record the document information on the form.
You are also required to keep the form on file so it can be inspected by authorized government officers if necessary.
To obtain a copy of Form I-9, access a list of approved documents and learn more about the process, visit I-9 Central.
Form I-9 for remote hires
You must still complete and submit Form I-9 if you hire remote employees. Section 2 requires an in-person review of the documents submitted by the employee, regardless of their location.
A temporary rule allowing you to review documents virtually was enacted because of the COVID-19 pandemic. That rule expired July 31, 2023.
U.S. Citizenship and Immigration Services (USCIS) allows you to appoint a company-authorized representative to review the documents. This can work well if your HR team is in a different state and you don’t have anyone else on staff in that area. If you choose to name an authorized representative to review eligible documents:
- Create a policy clearly stating who may act as an authorized representative. This may include notaries public, attorneys, accountants, HR professionals, librarians, bank employees, etc. These individuals should be familiar with Form I-9 procedures and understand the importance of completing the form correctly.
- Give clear instructions on how to complete the form. These may be written or electronic. Include the phone number of someone on your team who can answer questions and provide direction as needed. It’s important to note that a notary public does not need to notarize Form I-9, nor do they need to sign the form. Also, keep in mind some states have special laws regarding the completion of Form I-9. For example, California requires the person completing the form to be bonded as an immigration consultant.
- Establish a review process for all Forms I-9 completed by an authorized representative. Omitting or transposing information, accepting the wrong documents, or not collecting photocopies of documents as required can lead to missed deadlines and noncompliance with Department of Homeland Security (DHS) requirements.
Online options for completing Form I-9 remotely
Several online systems and third-party vendors can capture the information on Form I-9 for you. With these systems, all you have to do is invite the newly hired employee to log in to the system and complete Section 1. The employee then schedules an appointment with a nearby agent to complete Section 2.
Start this process as early as possible. You still have to meet the submission deadline of three business days after the employee’s hire date.
E-Verify
E-Verify is a free online system for employers to further verify employees’ eligibility to work in the U.S. This program is administered by the Social Security Administration (SSA) and USCIS. It is available in all 50 states.
E-Verify is a voluntary program. However, some states require you to use it. And if you have certain federal contracts, you may have to use it as a condition of the contract.
If you are enrolled with E-Verify, you create cases based on information from an employee’s Form I-9. The system then electronically compares that information to records available to SSA and DHS.
You will usually receive a response within seconds. This response either confirms the employee is eligible to work in the U.S. or indicates they must take further action.
For more information, visit the E-Verify website.
E-Verify compliance issues
E-Verify has its own compliance requirements. For example, you must complete the E-Verify process within three business days of the employee’s hire date. In addition, you must try to eliminate all errors or tentative nonconfirmations (TNCs).
A TNC is issued when information submitted on Form I-9 is incorrect. If a TNC occurs, you must notify the employee and guide them through the steps they must take to correct the form. This may include directing the employee to visit the local SSA office or contact DHS.
If you consistently file E-Verify submissions late or have many TNCs, DHS may send you a compliance notice email. This email is designed to educate you and ensure you understand E-Verify requirements. If you receive too many notices, inquiries regarding your employment verification process may follow. Worst-case scenario, you may be referred to another government agency with enforcement authority.
Ensuring compliance
Follow the procedures laid out in IRCA. This will help confirm you are hiring and employing individuals who can verify their identities and are authorized to work in the U.S. It also helps you avoid civil fines and criminal penalties for violations.
Criminal violations include engaging in a pattern or practice of hiring undocumented noncitizen, recruiting undocumented noncitizen or referring undocumented noncitizens for a fee. Civil fines may be assessed if you:
- Knowingly hire an undocumented noncitizen
- Knowingly continue to employ an undocumented noncitizen
- Recruit an undocumented noncitizen
- Refer an undocumented noncitizen for employment for a fee
- Commit document fraud and/or abuse
For more information
If you have questions about Form I-9 or E-Verify, contact our OneGroup HR Consulting team. We can help you navigate the system and ensure you have the appropriate policies to remain compliant. We may also be able to refer you to an attorney specializing in immigration law if you have specific cases in question.
This content is for informational purposes only and not for the purpose of providing professional, financial, medical or legal advice. You should contact your licensed professional to obtain advice with respect to any particular issue or problem. Please refer to your policy contract for any specific information or questions on applicability of coverage.
Please note coverage can not be bound or a claim reported without written acknowledgment from a OneGroup Representative.
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