When Did I-9 Forms Become Mandatory- A Timeline of U.S. Employment Verification Requirements

When did I-9 forms become required?

The I-9 form, officially known as the “Employment Eligibility Verification Form,” is a critical document in the United States that employers must complete for each new hire. It serves as evidence that the employer has verified the identity and employment authorization of the employee. The history of the I-9 form dates back to the Immigration and Nationality Act of 1986, which required employers to verify the employment eligibility of their employees. Let’s delve into the timeline of when I-9 forms became mandatory for employers.

The I-9 form was first introduced in 1986, following the passage of the Immigration Reform and Control Act (IRCA). This act aimed to reduce the number of unauthorized aliens working in the United States by making employers responsible for verifying the legal status of their employees. The IRCA required employers to complete and retain Form I-9 for each employee, but it did not specify a specific deadline for compliance.

Initially, the Department of Justice (DOJ) and the Immigration and Naturalization Service (INS) were responsible for enforcing the I-9 requirements. However, in 1990, the responsibility for enforcing the I-9 regulations was transferred to the U.S. Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS).

When did I-9 forms become required for employers?

Employers were expected to comply with the I-9 requirements as soon as the IRCA was enacted in 1986. However, the actual enforcement of these requirements was gradual, and it took some time for employers to fully understand and comply with the new regulations.

In 1988, the USCIS issued a regulation that established a specific deadline for employers to complete Form I-9. The regulation required employers to have I-9 forms on file for all employees hired after November 6, 1986. This meant that employers had to have completed I-9 forms for employees hired before that date by November 6, 1988.

Since then, the I-9 requirements have been in effect for all employers in the United States. The form has undergone several revisions over the years, with the most recent revision being the I-9 form dated November 14, 2019. Employers must use the most current version of the form and follow the instructions provided to ensure compliance with the employment eligibility verification process.

In conclusion, I-9 forms became required for employers in 1986, following the passage of the Immigration Reform and Control Act. While employers were expected to comply with the requirements as soon as the act was enacted, it took some time for the USCIS to establish a specific deadline for compliance. Today, employers must complete and retain I-9 forms for all employees, and they must use the most current version of the form to ensure compliance with the employment eligibility verification process.