Employment Eligibility Verification: What the I-9 Law Requires
Every employer in the United States, and everyone they hire, encounters a single federal requirement: employment eligibility verification — the process behind the familiar Form I-9. It exists because federal law makes it unlawful to knowingly employ a person who is not authorized to work. Understanding what the law actually requires helps both employers stay compliant and workers understand their rights. This guide explains it in plain English.
This is general information, not legal advice. The requirements below come directly from 8 U.S.C. § 1324a — the section of the Immigration and Nationality Act that governs the unlawful employment of unauthorized workers — as published in the U.S. Code by the Office of the Law Revision Counsel. Whether any of it applies to a specific situation is a legal judgment that depends on the facts.
The core rule: no knowingly employing unauthorized workers
The foundation of the law is in § 1324a(a). It makes it unlawful for an employer:
- to hire, or recruit or refer for a fee, a person for employment in the United States knowing that the person is an unauthorized alien for that employment; or
- to hire someone without complying with the verification requirements the statute sets out (discussed below).
The statute also makes it unlawful to continue to employ someone knowing they are or have become unauthorized to work. The key concept is knowledge — the law targets employers who knowingly use unauthorized labor, and it backs that up with a verification system every employer must follow.
The verification system: what employers must do
To comply, employers must follow the employment verification system in § 1324a(b). In broad terms, it requires the employer to:
- Examine documentation. The employer must attest, under penalty of perjury, on the designated form, that it has examined documents establishing the new hire's identity and authorization to work. The statute describes the categories of acceptable documents — those establishing both identity and work authorization, or one document for each.
- Have the worker attest. The individual being hired must also attest, under penalty of perjury, that they are authorized to work — a citizen, national, lawful permanent resident, or otherwise authorized.
- Retain the record. The employer must keep the form and make it available for inspection by the government.
This is the process the Form I-9 implements. It is required for every new hire, regardless of the person's apparent citizenship or background — applying it selectively can itself raise legal problems.
What the law asks of workers
For workers, the same system means being prepared to establish both identity and work authorization with acceptable documents when starting a job. A worker completes their portion of the form attesting to their status, and presents documents from the government-specified lists. Understanding which documents are acceptable — and that an employer generally cannot demand specific documents beyond what the law requires — helps a worker navigate the process.
The limits: anti-discrimination
The verification requirement operates alongside an important limit. Because the law requires employers to check work authorization, Congress paired it with protections against over-enforcement — employers generally may not demand more or different documents than the law requires, or refuse to accept documents that reasonably appear genuine, based on a person's citizenship status or national origin. In other words, the duty to verify is not a license to discriminate.
Why compliance is worth getting right
For employers, the stakes are real: violations of § 1324a can lead to civil penalties and, in serious cases, more. For workers, understanding the process protects against both improper demands and inadvertent problems. Because the rules are specific — who must be verified, what documents count, how records must be kept, and where the anti-discrimination line falls — this is an area where careful attention pays off on both sides of the hiring table.
Talk to a lawyer about I-9 and work authorization
If you are an employer with compliance questions, or a worker unsure about your authorization or the verification process, the specific facts determine what applies. Carlos Maury Law is a national firm of former U.S. Immigration Judges. To talk about your situation, call (213) 769-0050. We speak Spanish.
Frequently Asked Questions
What is employment eligibility verification?
It is the federally required process — implemented through Form I-9 — in which an employer verifies a new hire's identity and authorization to work. Under 8 U.S.C. § 1324a, it is unlawful to knowingly employ a person who is not authorized to work, and employers must follow the verification system for every hire.
Does every employee have to complete this process?
Yes. The verification requirement applies to every new hire in the United States, regardless of apparent citizenship or background. Applying it only to some workers based on how they look or where they are from can itself raise legal problems.
Can an employer demand specific documents from me?
Generally no. The law lets a worker choose from the government-specified lists of acceptable documents. An employer generally may not demand more or different documents than the law requires, or reject documents that reasonably appear genuine, based on your citizenship status or national origin.
What happens if an employer violates these rules?
Under 8 U.S.C. § 1324a, violations — such as knowingly employing unauthorized workers or failing to comply with the verification requirements — can lead to civil penalties, and more serious consequences in some cases. The law also prohibits discrimination in how the requirements are applied.
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This article is general information only and is not legal advice. Reading it does not create an attorney–client relationship. Immigration law is complex and fact-specific; consult a qualified immigration attorney about your situation. Prior results do not guarantee a similar outcome. Attorney advertising.