Policy Notes: Rules and Regulations for Employment Eligibility Verification (I-9) Compliance
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To comply with the U.S. Immigration Reform and Control Act of 1986 (IRCA), employers are required to collect a Form I-9 from each employee hired or rehired within the following timelines:
- An employee must complete the Form I-9 by the end of the first day of work.
- An administrator must review original documents establishing the employee's eligibility to work in the U.S. and complete the employer section of the Form I-9 within 3 business days of the employee's first day of work
- For employees temporarily authorized to work in the U.S., updated work authorization documents must be obtained and reviewed prior to the expiration date of the current work authorization.
Employers are prohibited from discriminating against any class of persons in administration of the I-9 process.
Section 2 – Authorized Representative
Since the Form I-9 must be signed by an authorized representative of the employer, we do recommend that a regular employee review the documents presented and complete the form.
Non-compliance with IRCA invokes civil and criminal penalties:
||$110 to $1,100 per form|
||$375 to $16,000 per employee, per incident, plus the potential of criminal penalties|
||$375 to $16,000 per employee, per incident|
For additional information on IRCA compliance and enforcement, see Fact Sheet: Form I-9 Inspection Overview on the U.S. ICE (Immigration and Customs Enforcement) web site.
Employee Failing to Present Documents
Employment must be terminated if an employee:
- cannot or does not present I-9 documents or obtain receipts within the 3 day period
- cannot or does not present updated work authorization documentation by the end date of the current authorization
If work was performed during the 3-day I-9 collection period, the employer should pay for those hours to comply with California Labor Code.