Immigration Reform and Control Act (IRCA)
The Immigration Reform and Control Act (IRCA), adopted in 1986, provides that employers may only hire persons who are legally permitted to work in the United States. This definition includes citizens and nationals of the U.S. and aliens authorized to work in the U.S.
The form was revised on 5/31/05 to reflect the transition from INS to DHS and its components.
Employers must verify the identity and employment eligibility of anyone to be hired, which includes completing and retaining the Employment Eligibility Verification Form (I-9). This includes citizens and non-citizens. Employers must keep I-9s on file for at least three years or one year after employment ends, whichever is greater. Do not file Form I-9 with U.S. Immigrations and Customs Enforcement (ICE) or USCIS.
On the form, the employer must verify the employment eligibility and identity documents presented by the employee and record the document information on the Form I-9. Acceptable documents are listed on the back of the form, and detailed below under “Special Instructions.”