All employers, and all employees hired after November 6, 1986, regardless of whether they are U.S. citizens, are subject to the requirements of the Immigration Reform and Control Act (ICRA). Employers are responsible for completion and retention of Immigration and Naturalization Service (INS) Form I-9 for each individual they employ including citizens and non-citizens.

A new employee must complete section 1 of INS Form I-9 in full by the close of business on the first day of work.  Within three days of the hire date, the employer must complete section 2 of the form to verify the employment eligibility, identity documents presented by the employee and record the document information on INS Form I-9. Employees must present original documents. Photocopies or facsimiles are not acceptable, except for a certified copy of a birth certificate.

No filing with the INS is required but the form must be kept by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials (i.e., INS, Department of Labor).

Employers may need to re-verify and update I-9 data for employees whose employment status expires. Employees cannot be employed beyond the expiration date unless the status is extended.

• http://www.ins.gov

• http://www.dol.gov/asp/programs/handbook/main2.htm

• http://www.dol.gov/esa/whd/immigration/index.htm