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Essential Resources for Ensuring Form I-9 Compliance

02/06/25

Author: ADP Admin/Tuesday, February 4, 2025/Categories: Bulletin News

The Immigration Reform and Control Act, enacted on November 6, 1986, requires employers to verify the identity and employment eligibility of all individuals hired in the United States after November 6, 1986.  Employers must use the Form I-9, Employment Eligibility Verification (Form I-9), to document this verification. 

For current employees, employers are required to maintain for inspection original Form(s) I-9 on paper or as an on-screen version generated by an electronic system that can produce legible and readable paper copies. For former employees, the retention of Form(s) I-9 is required for a period of at least three years from the first day of employment or one year from the date employment ends, whichever is longer.

The following resources are made available by the U.S government to assist employers in meeting their compliance obligations.

Completing Form I-9

Form I-9 Self-Audits and Correcting Mistakes

Government Audits and Enforcement Actions

Employers who are the subject of a Form I-9 audit or other agency enforcement action should seek advice from counsel as needed.

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Regional Alerts

California

Under Federal law employers who are unable meet in person with employees to complete an I-9 form may use the services of a third party agent to complete the form on their behalf. Notaries are generally sought to perform this agent function though technically it can be any third party.

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Connecticut

Connecticut has passed a law which encourages wage transparency by barring employers from prohibiting employees from voluntarily discussing their wages with other employees and/or with third parties.

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Maine

Maine has passed a law that restricts an employer’s ability to demand information regarding an employee’s or job applicant’s social media account.

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North Dakota

This session the North Dakota Legislature enacted laws pertaining to employer reimbursement for tools, pregnancy discrimination, and rules governing forfeiture of PTO. 

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The North Dakota state poster has been updated with information regarding paid time off. Limitations on accrued paid time off was also updated and "Pregnancy" has been added as a protected category. 

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