By law, all U.S. employers are required to complete Form I-9 for everyone they hire or rehire, and to collect supporting documents to establish their eligibility to work in the U.S. This page explains the rules and regulations Stanford must follow to verify employment eligibility.
To comply with the U.S. Immigration Reform and Control Act of 1986 (IRCA), employers are required to obtain and review the following documents within the listed timelines:
- Form I-9 with the Employee section completed by the end of the employee’s first day of work.
- Original documents establishing the employee’s eligibility to work in the U.S. plus the completed Employer section of Form I-9 within three business days of the employee’s first day of work.
- For employees with temporary authorization to work in the U.S., updated work authorization documents before the expiration date of the employee's current work authorization.
Employers are prohibited from discriminating against any class of persons in administration of the I-9 process.
Section 2 – Authorized Representative
Form I-9 must be signed by an authorized representative of the employer. Therefore, it is recommended that a department administrator, HR administrator or Student Services Center employee review the supporting documents and complete the form.
Non-compliance with IRCA invokes civil and criminal penalties, as detailed in the following table:
Form I-9 not collected for a new hire or rehire
Form I-9 collected, but not within 3 days, for a new hire or rehire
Form I-9 collected, but not fully completed
|$216 to $2,156 per form|
|Employment Violations||Knowingly employing, or continuing to employ, an unauthorized worker||$539 to $21,563 per employee, per incident, plus the potential of criminal penalties|
|Unlawful Discrimination||Requiring different documentation from different groups of employees. Employers cannot specify which document(s) they will accept from an employee||$445 to $17,816 per employee, per incident|
For additional information on IRCA compliance and enforcement, refer to Fact Sheet: Form I-9 Inspection Overview on the U.S. Immigration and Customs Enforcement (ICE) website.
Employee Failing to Present Documents
Employment must be terminated if an employee:
- Cannot or does not present I-9 documents or obtain receipts for replacement documents within the required three-day period.
A receipt for a replacement document is acceptable only when the document has been lost, stolen or damaged. Employees may work for up to 90 days with a valid receipt.
- Cannot or does not present updated work authorization documentation by the end date of their current authorization.
Renewal receipts, when the renewal was properly filed prior to the current end date, are acceptable documentation for H-1B, O-1 and certain types of Employment Authorization (EAD) cards. For a list of EAD card categories eligible to work while an extension is pending, refer to the USCIS EAD page.Renewal receipts are not acceptable for extensions of EAD cards or for an individual moving from one visa type to another.
If work was performed during the three-day I-9 collection period, the employer should pay for those hours to comply with California Labor Code.