Form I-9 Legislation
Form I-9 Federal Statutes and Regulations
Form I-9 requirements come out of the Immigration Reform and Control Act of 1986 (IRCA). IRCA prohibits employers from hiring and employing workers for employment in the United States knowing that these workers are not authorized with respect to such employment. Employers also are prohibited from continuing to employ an individual knowing that he or she is unauthorized for employment. This law also prohibits employers from hiring someone, including U.S. citizens, for employment in the United States without verifying his or her identity and employment authorization on Form I-9.
The main statutes concerning the Form I-9 process are:
Various federal government agencies that are part of the Executive Branch issue regulations that interpret and/or implement laws enacted by Congress. These regulations contain requirements and procedures that the public must follow and can be found in the Code of Federal Regulations.
The following regulations govern Form I-9 requirements, employer sanctions, the employment authorization of aliens and unfair immigration-related employment practices:
Title 8: Aliens and Nationality
Section Content: Part 270 - Penalties for Document Fraud
Section Content: Part 274a – Control of Employment of Aliens
Subpart A - Employer Requirements
Subpart B – Employment Authorization
Title 28: Judicial Administration
Last Reviewed/Updated: 09/19/2013