Home > Resources > HR compliance > Immigration > Immigration, Form I‑9 and work visas: Federal
Negative thoughts

Immigration, Form I‑9 and work visas: Federal

This guide provides HR professionals with an overview of federal immigration requirements related to employment eligibility verification, including Form I‑9 compliance, E‑Verify obligations, and work visa considerations for foreign national employees in the United States.

Share this:

by Christopher L. Thomas, Anna Angel, Ceridwen J. Koski and Steven Williams, Ogletree Deakins

Summary

This guide provides HR professionals with an overview of federal requirements regarding immigration and the employment eligibility verification process in the US, including those related to Form I-9, E-Verify and work visas for foreign nationals.

In this guide, learn about:

In this guide, learn about:

  • Form I‑9, employment eligibility verification
    • Sections of the Form I‑9
    • Who is subject to verification
    • Completing Section 1 of the Form I‑9
    • Completing Section 2 of the Form I‑9
    • Good faith defense/reasonableness
    • Unfair immigration‑related employment practices
    • Retention of Form I‑9
    • Reverification
    • Rehiring
    • Employer violations
    • Knowing requirement
    • Timeframe for termination of employment
    • False identity
    • Deferred action for childhood arrivals (DACA)
    • Form I‑9 audits
    • Defenses
    • Penalties
    • Laws that protect unauthorized workers
    • Developing an effective compliance program
  • E‑Verify
    • E‑Verify process
    • Employers in multiple locations
    • Access methods
    • Case results
    • Recordkeeping
    • Rehires
    • Audit
    • Verification of federal contractors
    • E‑Verify and other employment verification requirements at the state level
    • Social Security no match letters
  • E‑Verify+
  • Employing non‑US citizens on visas
    • Nonimmigrant visas
    • Immigrant visas
    • At‑will employment of foreign national employees
    • Travel ban
    • DOMA and work visas
  • Future developments
  • State requirements
    • Your preferred states

Want to see more?

For full access to Immigration, Form I‑9 and work visas: Federal, sign up for an HR and Compliance Center subscription today.

Jurisdiction: Federal

Latest updates

Updated to reflect the weighted selection process for allocating H-1B visas, effective February 27, 2026; Gold Card application procedures; and a pause on immigrant visa processing for applicants from certain countries.

Get ahead of HR compliance

Navigating today’s complex HR compliance landscape is challenging.

Get ahead with Brightmine. Access HR resources and automation tools managed by seasoned human HR experts.

Proudly partnered with LexisNexis®

You may also be interested in…

Handbook templates

Weapons in the workplace handbook statement: Tennessee

This resource explains when Tennessee employers should include a weapons in the workplace handbook statement to inform employees …

Handbook templates

Pregnancy and parenting leave handbook statement [50+ employees]: Minnesota

This resource explains when Minnesota employers with 50 or more employees should include a pregnancy and parenting leave …

HR law guides

Retaliation: Arizona

This guide provides HR professionals with an overview of anti‑retaliation protections under Arizona law, including what constitutes retaliation …

About the author

Sign up to receive expert HR insights from Brightmine

Join our community and stay updated with industry trends, expert insights, valuable resources, webinar invites… and much more.

Sign up now and receive regular updates straight to your inbox!

    LNRS Data Services Limited and its affiliates may contact you about relevant solutions, services, events and industry insights. You can opt-out via the unsubscribe link in the communications that you receive or by contacting us.