Employment Verification

Employers are required to verify the employment eligibility of each individual they hire.

Whether the employee is a U.S. citizen or a foreign national, this is a requirement. Employment verification should be maintained in a document called the employment eligibility verification form (Form I-9).

Beginning 11/26/07, employers were required to transition to the revised I-9 form, and after 12/26/07, failure subjects the employer to a penalty.

The form has been revised multiple times and can be completed based on specific documents constituting evidence of identification, employment eligibility, or both. Unfortunately, many employers are still unaware of this requirement or are misinformed about how to complete employee verification.

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The form is not required to be filed with a government agency.

Employers should use the appropriate I-9 forms in case of all new hires or rehires.

Employers must retain the form (need not file it with the government agency) for three years from the date of hire or one year after termination of employment.

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