Employers use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.
On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity documents an employee presents to determine whether the documents reasonably appear to be genuine and to relate to the employee—and then record the document information on the Form I-9.
The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.
In California, as in all states across the U.S., employers are required to use Form I-9 to verify the identity and employment authorization of every individual they hire, regardless of citizenship status. The process mandates that employees provide documentation that proves their identity and eligibility to work in the United States. Employers are responsible for reviewing these documents to ensure they are valid and correspond to the individual presenting them. The acceptable types of documentation are listed on the last page of Form I-9. Employers must keep completed forms on file for a certain period—three years after the date of hire or one year after the date employment ends, whichever is later—and must present them for inspection if requested by authorized officials from the Department of Homeland Security, Department of Labor, or Office of Special Counsel for Immigration-Related Unfair Employment Practices. It's important to note that while the Form I-9 requirements are federally mandated, California may have additional protections for employees regarding immigration status and employment, and employers must comply with both federal and state regulations.