The use of an I-9 Form is mandated by the United States Citizenship and Immigration Services (USCIS) bureau of the Department of Homeland Security (DHS) to establish worker eligibility.
Employers need to have each of their employees fill out the Employment Eligibility Verification Form I-9, or be subject to fines of as much as five and a half thousand dollars per unauthorized worker, alongside with other penalties. Such employers may also be subject to sanctions called for under other laws, especially those relevant to immigration.
Even failing to keep correct records can carry fines, to the tune of over a thousand dollars per missing or problematic form, regardless of whether the employee is legally authorized to work in the United States, so great is the value attached by the government to the I-9 Form.
Individuals, employer, employee, or otherwise, who intentionally commits or participates in document fraud might be subject to over three thousand dollars for the first offense and up to six and a half thousand for subsequent offenses. Information must be reverified as essential, such as in the case of expiring supporting documents. Information must be retained even for former employees, up to one year following the end of employment.
The “I-9 requirement” came about with the Immigration Reform and Control Act of 1986 (IRCA), which law stipulated that employers must verify an employee’s identity and eligibility for employment in the United States. Employers might be liable even in the situation of hired sub-contractors who themselves employ unauthorized workers. Such verification isn’t required in the case of volunteers.
IRCA also provided for a number of anti-discrimination conditions so that factors like national origin and citizenship status cannot be used against job candidates. Thus, in order to avoid any possibility of a lawsuit, corporations won’t ask for the I-9 form to be filled out until after somebody is actually hired.