All employers are responsible for completion and retention of "Form I-9" for each person they hire. This includes citizens and non-citizens. On the form, employers must verify the employment eligibility and identity documents presented by employees and record the information on the form. If after completing the Form I-9 the employee's information cannot be verified, employers must fire the newly hired employee.

Employers are not required to file the form with any governmental agencies. However, employers must keep the form for three years after the date of hire or for one year after employment is terminated, whichever is later.