Corporate Acquisitions And Employment Verification Issues

Under the Immigration Reform and Control Act of 1986 (IRCA), all employers are required to complete an Employment Eligibility Verification Form I-9 on the first day of employment for all hired employees. While most employers are aware of this requirement, unique Form I-9 issues arise in corporate acquisitions.

Importance of I-9 compliance

As indicated above, Form I-9 is used by employers to verify the identity and work authorization of all employees hired after November 6, 1986. Since IRCA became law almost 30 years ago, the form has changed many times. What has remained constant is the requirement for the employer and employee to complete the form on the first day of employment, and to have the employee present a document which proves both: (i) identity and the ability to work legally in the U.S. or a document which proves identity, and (ii) a document which proves ability to work in the U.S.