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Immigration — Tennessee

Verification of employment

Federal law

The Immigration Reform and Control Act (IRCA) requires employers to employ only those persons authorized to work in this country. Employers are required to verify the identity and employment eligibility of all individuals hired after November 6, 1986, regardless of how many people the company employs. Verification of identity and employment eligibility is accomplished by completing Form I-9. An employer should be careful not to engage in document abuse discrimination in this process by specifying what documents the employee presents, requiring more documents than are minimally necessary or rejecting documents that reasonably appear to be genuine.

Employers should keep I-9 forms for at least three years from the date of hire and for one year from the date employment terminates. Once an employer is certain they have met both tests, the forms should be thrown away. An employer is allowed to make photocopies of the documents presented by the employee, but they must still complete the form also. Under present regulations, the retention rules do not apply to photocopies.

If the employee presents a work authorization document with an expiration date,...


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