Employers have certain responsibilities under US immigration law during the hiring process, and penalties apply for violations of I-9 requirements. The US Congress added the employer sanction provisions in Section 274A of the Immigration and Nationality Act (INA) with the Immigration Reform and Control Act of 1986 (IRCA). Congress changed these provisions further in the Immigration Act of 1990 and the Illegal Reform and Immigrant Responsibility Act (IIRIRA) of 1996.
To comply with these provisions, employers must:
Provisions of the above legislation require that employers must not:
Employers who violate the law may be subject to:
For details on civil fines and criminal penalties for I-9 violations, see USCIS Employer Penalties chart.
For more information on Form I-9, see the USCIS web site I-9 Central and the USCIS Handbook for Employers: Instructions on Completing Form I-9.