Form I-9, officially known as the Employment Eligibility Verification form, is a crucial document in the United States. It’s used to verify the identity and employment authorization of individuals hired for work in the country. This form ensures that employers are hiring individuals who are legally authorized to work in the U.S. Let’s break down the components of Form I-9 to fully understand its purpose and structure.
Form I-9 is comprised of four distinct parts, each serving a specific purpose in the verification process. These parts are designed to streamline the process for both employees and employers, while ensuring compliance with federal regulations.
Page 1: Employee Information and Employer Review
The first page of Form I-9 is the core of the verification process, requiring action from both the new employee and their employer.
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Section 1: Employee Information and Attestation: This section is completed by the new employee. They must provide personal information and attest to their employment authorization status. This attestation confirms whether they are a U.S. citizen, noncitizen national, lawful permanent resident, or an alien authorized to work in the United States. Crucially, employees are required to present acceptable documents to their employer that prove their identity and employment authorization.
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Section 2: Employer Review and Verification: The employer’s role begins in Section 2. Here, the employer must physically examine the documents presented by the employee. They are responsible for ensuring these documents appear to be genuine and relate to the employee. The employer then records the information from the employee’s documents directly onto Form I-9. It’s important to note that some employers, authorized by the Department of Homeland Security (DHS), may utilize an alternative procedure for remotely examining an employee’s documentation. If this alternative procedure is used, the employer must check the designated box in Section 2 to indicate this.
Page 2: Lists of Acceptable Documents
Page 2 is a reference guide, providing employers with the Lists of Acceptable Documents. These lists detail the various documents that employees can present to establish their identity and employment authorization.
- Lists of Acceptable Documents: Employers are legally obligated to provide these lists to new employees, either in physical form or as a hyperlink to the official Form I-9. These lists are categorized into List A (documents that establish both identity and employment authorization), List B (documents that establish identity only), and List C (documents that establish employment authorization only). It’s important to emphasize that employers are not required to keep Page 2 with the employee’s completed Form I-9. This page is purely for informational purposes during the document presentation process.
Page 3: Supplement A – Preparer and/or Translator Certification for Section 1
Page 3 introduces Supplement A, which addresses situations where an employee requires assistance in completing Section 1 of Form I-9.
- Supplement A – Preparer and/or Translator Certification: If a preparer or translator assists an employee with Section 1, they are mandated to complete Supplement A. This page must then be retained by the employer along with the employee’s Form I-9. This ensures transparency and accountability when assistance is provided in completing the form. However, if the employee completes Section 1 independently without the aid of a preparer or translator, Page 3 is not needed. In such cases, employers do not need to print, provide, or retain this supplement.
Page 4: Supplement B – Reverification and Rehire (formerly Section 3)
Page 4 contains Supplement B, which deals with reverification and rehire scenarios.
- Supplement B – Reverification and Rehire: Employers are required to complete and retain Supplement B in specific situations. This includes instances where an employee’s employment authorization requires reverification, or in certain cases, when their employment authorization documentation needs to be re-examined. Additionally, employers can utilize Supplement B to document the rehire of an employee if they choose to do so. Unless an employee requires reverification or the employer chooses to document a rehire, Page 4 is not required. Employers do not need to routinely print, provide, or retain this page with every employee’s Form I-9.
Instructions and Retention
Beyond the four pages of the form itself, there are essential instructions and employer responsibilities related to Form I-9.
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Instructions for Form I-9: Employers are responsible for ensuring employees have access to the official Instructions for completing Form I-9. This can be provided as a hard copy or via a hyperlink to the instructions. The instructions are crucial for both employees and employers to accurately complete and understand the form.
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Form I-9 Retention and Inspection: Employers have a legal obligation to retain all completed pages of Form I-9 for a mandated period. These forms must be readily available for inspection by authorized government officers upon request. Proper retention and accessibility are critical for compliance.
Spanish Language Version and Fillable Form
There are specific provisions for employers in Puerto Rico and considerations for using the fillable electronic version of Form I-9.
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Spanish-Language Form: Only employers located in Puerto Rico are permitted to complete the Spanish-language version of Form I-9 instead of the English version. However, any employer can utilize the Spanish-language form and instructions as a translation aid if needed.
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Fillable Form Limitations: Form I-9 is available as a fillable form, allowing for answers to be typed directly into the document (excluding signature blocks). However, it’s crucial to understand that due to DHS standards for electronic Form I-9 systems, employers and employees using the fillable form must print and manually sign it. Electronic signatures are not compliant with the fillable form. Failure to adhere to DHS standards for electronically generated, stored, and retained Form I-9s can result in significant fines and penalties. For compliant electronic I-9 processing, employers should use systems that meet the stringent DHS requirements outlined in 8 CFR section 274a.2.
In conclusion, Form I-9 is a fundamental component of employment law in the United States. Understanding its structure, requirements, and proper completion is essential for both employees and employers to ensure legal compliance and a legally authorized workforce.
