Federal immigration law makes it unlawful to:

• Hire, recruit or refer for employment (for a fee) an individual who isn’t authorized to work in the U.S.
• Hire any individual for employment without complying with federal employment verification procedures.1

You must verify every new hire’s employment eligibility by completing a Form I-9 within three business days of the employee's first day of work for pay. For example, if the employee starts work for pay on Monday, the employer must complete its portion of the I-9 form by Thursday by examining documents that confirm both identity and employment eligibility. The acceptable documentation is listed on the back of the I-9 - Employment Eligibility Verification, which you must complete for every employee.

• I-9 - Employment Eligibility Verification
• I-9 - Employment Eligibility Verification - Spanish

If you comply with the verification requirements when hiring an individual but later discover that the employee isn’t authorized to work in the U.S., you cannot continue to employ that person. Similarly, it is unlawful to contract an undocumented worker for labor if you know that the individual is unauthorized to work in the U.S.

You cannot require more or different identity and work authorization documents than specified by the United States Citizenship and Immigration Services (USCIS). You must honor documents that appear valid on their face.2

If an employee can produce the required verification of eligibility to work, it’s illegal to discriminate against him/her on the basis of:

• National origin
• Citizenship status
• The verifying documents’ expiration dates

California also protects workers against certain unfair immigration-related practices. For more information, see ”Unfair Immigration-Related Practices” in Immigrant Workers and Discrimination/Retaliation Protection.

Form I-9 Exceptions

Form I-9 is not required for:

• Employees hired prior to November 6, 1986, and continuously employed by the same employer;
• Casual employees performing irregular domestic service in a private home;
• Independent contractors;
• Workers providing labor to you who are employed by a contractor providing contract services, such as temporary agencies; and
• Workers not physically working on U.S. soil.

• It is illegal to contract for the labor of an individual if you know the individual is not authorized to work in the United States. Doing so may subject you to civil and criminal penalties.

1. 8 U.S.C. sec. 1324a(a)(1)

2. 8 U.S.C. sec. 1324b(a)(6)