Section 9 Immigration Reform and Control Act of 1986

• Library: Employer-Employee Law 2008

The Immigration Reform and Control Act of 1986, Pub. L. No. 97-116, 95 Stat. 1611, provides, in part, that it is unlawful for an employer to employ an individual who is not authorized to work in the United States. 8 U.S.C. § 1324a. Employers must verify the employment eligibility for each employee hired after November 6, 1986, by completing a Form I-9. Id.

If an employer chooses to make a copy or electronic image of documentation presented by an employee to prove that the employee is authorized to work in the United States, the copy or electronic image must be kept with that employee’s Form I-9. 8 C.F.R. § 274a.2(b)(3). Form I-9 can be completed in either paper or electronic format, as long as:

• the form is legible

• there is no change to the name, content, or sequence of data and instructions; and

• no additional data elements or language is inserted

8 C.F.R. § 274a.2(a)(2). Electronic format can include an electronic version...