I-9 Form

What is Form I-9?

Form I-9, officially titled the Employment Eligibility Verification Form, is a document employers in the United States use to verify their employees’ identity and employment eligibility. The form is required by the U.S. Citizenship and Immigration Services (USCIS) and the Immigration Reform and Control Act of 1986 (IRCA).

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Key Components

1. Section 1: Employee Information and Attestation:
   • This section is completed by the employee on or before the first day of employment. The employee provides personal information, attests to their employment authorization, and chooses whether or not to provide their Social Security Number.
2. Section 2: Employer Review and Verification:
   • This section is completed by the employer within three business days of the employee’s first day of work. The employer examines the employee’s original documents to establish identity and employment eligibility and records the document information on Form I-9. Acceptable documents include a U.S. passport, driver’s license, Social Security card, and other specified documents.
3. Section 3: Reverification and Rehires:
   • This section is used for reverification of employment eligibility if an employee’s work authorization has expired or if the employee is rehired within three years of the date Form I-9 was originally completed. Employers may also use this section for recording name changes.

How to Use

1. Provide Form I-9 to New Employees:
   • Give a new employee a blank Form I-9 on or before their first day of work. Ensure that the employee completes Section 1 accurately.
2. Review Employee’s Identity and Employment Eligibility Documents:
   • Within three business days of the employee’s first day of work, review the original documents presented by the employee. Ensure that the documents are on the List of Acceptable Documents provided on the last page of Form I-9.
3. Complete Section 2:
   • In Section 2, the employer records the document information, including the document title, issuing authority, document number, and expiration date (if applicable). The employer must also sign and date this section.
4. Retain Form I-9:
   • Keep the completed Form I-9 on file for each employee for the duration of their employment and for a specific period after their employment ends. The form does not need to be submitted to USCIS but must be made available for inspection upon request.
5. Reverification and Rehires:
   • If an employee’s work authorization expires, employers must reverify the employee’s eligibility by completing Section 3. If a rehire occurs within three years of the initial completion of Form I-9, Section 3 can be used to update the form.
6. Ensure Compliance:
   • Employers must ensure that they are using the most current version of Form I-9, as USCIS occasionally updates the form. The current version includes the expiration date on the top right corner of the form.
7. Training for Staff:
   • Employers should provide training to staff responsible for completing Form to ensure proper understanding of the requirements and to avoid errors in the completion process.

Conclusion

It’s important for employers to understand and follow the guidelines outlined in the instructions for Form to comply with U.S. immigration laws. Failure to properly complete and retain Form or knowingly hiring and continuing to employ unauthorized workers can result in penalties and legal consequences for employers. Employers should stay informed about any updates or changes to Form requirements issued by USCIS.