When hiring a new employee, the company must verify that the employee is legally authorized to work in the U.S. You may not knowingly hire or recruit unauthorized workers for employment. You also may not allow employees to continue working for you if they are unable to show proper documentation of their identity and their authorization to work in the U.S.
Below are some of the requirements for compliance with the above regulations:
- After hiring an employee, you have three business days to complete Form I-9.
- If you are hiring someone for less than three days total, you must complete Form I-9 before the end of the employee's first day of work.
- Keeping record of your I-9 forms is very important. Once you have completed Form I-9, you should keep it in a separate folder with the I-9 forms completed for other employees. You may complete and retain I-9 forms in paper form or electronically.
- You must keep the form for as long as the employee works at your company, and for one year after employment ends or three years after the employee was hired, whichever period is longer.
For a situation in which you have rehired an employee who worked for you previously, you may complete only Section 3 of the form, 'Reverification and Rehires,' if you have already completed an original Form I-9 for that employee and the employee is rehired within three years of the date the original form was completed, and continues to be eligible for employment on the same basis.
You can also only complete only Section 3 of the form, 'Reverification and Rehires,' if you have already completed an original Form I-9 for that employee, and that employee changes his or her name or the employee's original work authorization has expired or will soon expire.
For further guidance on preparing for ICE audits, other compliance issues and E-Verify, please consult with an experienced attorney.