Page 5 - Handbook for Employers - Guidance for Completing Form I-9

Part One

Why Employers Must Verify Employment

Authorization and Identity of New Employees

In 1986, Congress reformed U.S. immigration laws. previous versions with earlier revision dates are no
These reforms, the result of a bipartisan effort, preserved longer valid. You may also use subsequent versions that
the tradition of legal immigration while seeking to have a “Y” next to the revision date.
close the door to illegal entry. The employer sanctions
provisions, found in section 274A of the Immigration Form I-9 is available in English and Spanish. Employers
and Nationality Act (INA), were added by the in the United States and U.S. territories may use the
Immigration Reform and Control Act of 1986 (IRCA). Spanish version of Form I-9 as a translation guide for
These provisions further changed with the passage of the Spanish-speaking employees, but must complete and
Immigration Act of 1990 and the Illegal Immigration retain the English version. Employers in Puerto Rico may
Reform and Immigrant Responsibility Act (IIRIRA) of use either the Spanish or the English version of Form I-9
1996. to verify new employees.

Employment is often the magnet that attracts individuals The Homeland Security Act
to reside in the United States illegally. The purpose of
the employer sanctions law is to remove this magnet by The Homeland Security Act of 2002 created an executive
requiring employers to hire only individuals who may department combining numerous federal agencies with
legally work here: U.S. citizens, noncitizen nationals, a mission dedicated to homeland security. On March
lawful permanent residents, and aliens authorized to 1, 2003, the authorities of the former Immigration and
work. To comply with the law, employers must verify the Naturalization Service (INS) were transferred to three
identity and employment authorization of each person new agencies in the U.S. Department of Homeland
they hire, complete and retain a Form I-9, Employment Security (DHS): U.S. Citizenship and Immigration
Eligibility Verification, for each employee, and refrain Services (USCIS), U.S. Customs and Border Protection
from discriminating against individuals on the basis of (CBP), and U.S. Immigration and Customs Enforcement
national origin or citizenship. At the same time that it (ICE). The two DHS immigration components most
created employer sanctions, Congress also prohibited involved with the matters discussed in this handbook
employment discrimination based on citizenship, are USCIS and ICE. USCIS is responsible for most
immigration status, and national origin. This part of the documentation of alien employment authorization, for
law is referred to as the anti-discrimination provisions. Form I-9, and for the E-Verify employment eligibility
(See Part Four for more information on unlawful verification program. ICE is responsible for enforcement
discrimination.) of the penalty provisions of section 274A of the INA and
for other immigration enforcement within the United
This handbook provides guidance on how to properly States.
complete Form I-9, which helps employers verify that
individuals are authorized to work in the United States. Under the Homeland Security Act, the U. S. Department
Every employer must complete a Form I-9 for every new of Justice (DOJ) retained certain important
employee you hire after Nov. 6, 1986. This includes U. S. responsibilities related to Form I-9 as well. In particular,
citizens and noncitizen nationals who are automatically the Immigrant and Employee Rights Section (IER) in
eligible for employment in the United States. the Department of Justice’s Civil Rights Division is
responsible for enforcement of the anti-discrimination
Form I-9, instructions and this M-274 are available for provision in section 274B of the INA, while the
download from the USCIS website at uscis.gov/i-9- Executive Office for Immigration Review (EOIR) is
central. Employers may also call the USCIS Forms Request responsible for the administrative adjudication of cases
Line toll-free at 800-870-3676 to get print versions of under sections 274A, 274B, and 274C (civil document
Form I-9 and instructions. fraud) of the INA.

Employers must use the current version of Form I-9. A
revision date with an “N” next to it indicates that all

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