This Act requires all employers having at least four employees to verify the identity and employment eligibility of all regular, temporary, casual, and student employees. This is done through a form I-9, which must be completed within 3 days of an employee’s hire date, and retained for the longer of three days from the date of hire or one year following the date of termination.
The I-9 form includes a complete list of documents that are considered allowable to prove identity and employment eligibility. In brief, those documents proving both identity and employment eligibility include a U.S. passport, a certificate of U.S. citizenship or naturalization, and an Alien Registration Receipt Card or green card. Those documents proving identity only include a driver’s license, government ID card, and voter’s registration card. Those documents proving work eligibility only include a U.S. social security card, Certificate of Birth Abroad, and certified birth certificate. One should consult the I-9 form for a complete list.
If an employer does not comply with this Act, penalties can range from $100 to $1,000 per employee hired, plus possible imprisonment if a continuing pattern of non-compliance can be proven. Also, any employee whose identity and employment eligibility has not been proven through the I-9 form must be terminated from employment.