Employers use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.
On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity documents an employee presents to determine whether the documents reasonably appear to be genuine and to relate to the employee—and then record the document information on the Form I-9.
The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.
In Texas, as in all other states, employers are required to follow federal law regarding the use of Form I-9 to verify the identity and employment authorization of every individual they hire for employment in the United States, which includes both citizens and noncitizens. The process mandates that employees provide documentation that proves their identity and authorization to work, which the employer must review to ensure the documents are genuine and correspond to the employee. The employer then records the document information on Form I-9. The list of acceptable documents is provided on the form itself. Employers in Texas must retain completed forms for either three years after the date of hire or one year after employment is terminated, whichever is later, and must present these forms for inspection upon request by authorized officials from the Department of Homeland Security, Department of Labor, or the Immigrant and Employee Rights Section (IER).
