What Is I-9 Employment Eligibility Verification Form

What Is I-9 Employment Eligibility Verification? It is a crucial form mandated by the U.S. government to confirm an employee’s authorization to work in the United States. At WHAT.EDU.VN, we provide answers and clarifications to your questions about Form I-9, ensuring both employers and employees understand their obligations. Explore our site for clear guidance on work authorization, acceptable documents, and employment verification.

1. Understanding the Basics of Form I-9 Employment Eligibility Verification

The I-9 form, officially titled “Employment Eligibility Verification,” is a United States Citizenship and Immigration Services (USCIS) document used by employers to verify the identity and employment authorization of individuals hired for employment in the United States. This form is mandatory for all employers in the U.S., regardless of the employee’s citizenship status.

1.1. What is the Purpose of the I-9 Form?

The primary purpose of the I-9 form is to comply with the Immigration Reform and Control Act of 1986 (IRCA). This act prohibits employers from knowingly hiring individuals who are not authorized to work in the United States. By completing the I-9 form, employers verify that their employees are either U.S. citizens, non-citizen nationals, lawful permanent residents, or aliens authorized to work in the U.S.

1.2. Who Needs to Complete the I-9 Form?

Every new employee hired to work in the United States must complete Section 1 of the I-9 form. This includes citizens, non-citizen nationals, lawful permanent residents, and aliens authorized to work in the U.S. The employer must then complete Section 2 of the form, verifying the employee’s identity and employment authorization by examining acceptable documents.

1.3. When Must the I-9 Form Be Completed?

Employees must complete Section 1 of the I-9 form no later than their first day of employment. Employers must complete Section 2 within three business days of the employee’s first day of employment. This timeframe ensures that employers promptly verify the employee’s eligibility to work.

2. Detailed Walkthrough of Form I-9 Sections

The I-9 form is divided into several sections, each requiring specific information from the employee and employer.

2.1. Section 1: Employee Information and Attestation

This section is completed by the employee. It requires the employee to provide personal information and attest to their employment authorization.

2.1.1. Employee Information

The employee must provide the following information:

Full Name (Last, First, Middle Initial)
Other Names Used (if any)
Address
Date of Birth
Social Security Number (SSN) – Providing the SSN is voluntary unless the employer participates in E-Verify.
Email Address (Optional)
Telephone Number (Optional)

2.1.2. Attestation of Employment Authorization

The employee must attest to one of the following statuses by checking the appropriate box:

A U.S. citizen
A non-citizen national of the United States
A lawful permanent resident
An alien authorized to work in the United States

If the employee checks the box indicating they are a lawful permanent resident or an alien authorized to work, they must provide their Alien Registration Number/USCIS Number or Form I-94 Admission Number.

2.1.3. Preparer/Translator Certification

If the employee needs assistance completing Section 1, a preparer or translator can help. The preparer or translator must complete Supplement A, Preparer and/or Translator Certification for Section 1, providing their name, address, and signature.

2.2. Section 2: Employer Review and Verification

This section is completed by the employer. The employer must examine the documents presented by the employee and record the document information.

2.2.1. Examining Documents

The employee must present original documents from the Lists of Acceptable Documents. These documents establish the employee’s identity and employment authorization. Employers cannot specify which documents they will accept from the employee. The employee is free to choose which documents to present.

2.2.2. Recording Document Information

The employer must record the following information from the documents presented:

Document Title
Issuing Authority
Document Number
Expiration Date (if any)

The employer must also provide the employee’s first day of employment.

2.2.3. Employer Attestation

The employer must attest that they have examined the documents presented by the employee and that, to the best of their knowledge, the employee is authorized to work in the United States. The employer must provide their name, title, and the date of completion, and sign the form.

2.2.4. DHS-Authorized Alternative Procedure

Certain employers who choose to remotely examine the employee’s documentation under a DHS-authorized alternative procedure must check the box in Section 2 to indicate they did so.

2.3. Supplement A: Preparer and/or Translator Certification for Section 1

This supplement is completed if the employee requires assistance in completing Section 1 of the I-9 form.

2.3.1. Information Required

The preparer or translator must provide their name, address, and signature, certifying that they assisted the employee in completing Section 1 and that they read the form to the employee in a language they understand.

2.4. Supplement B: Reverification and Rehire (Formerly Section 3)

This supplement is used when an employee’s employment authorization requires reverification or when the employer chooses to document a rehire.

2.4.1. Reverification

If an employee’s employment authorization document expires, the employer must reverify their employment authorization. The employer must examine a current document from the Lists of Acceptable Documents and record the document information in Supplement B.

2.4.2. Rehire

If an employee is rehired within three years of the date of the original I-9 form, the employer may choose to complete Supplement B instead of completing a new I-9 form. The employer must verify that the employee is still eligible to work and record the date of rehire in Supplement B.

3. Acceptable Documents for Form I-9

Employees must present original documents from the Lists of Acceptable Documents to establish their identity and employment authorization. These documents are divided into three lists: List A, List B, and List C.

3.1. List A Documents

List A documents establish both identity and employment authorization. An employee can present one document from List A to satisfy both requirements.

Examples of List A documents include:

U.S. Passport or U.S. Passport Card
Permanent Resident Card (Form I-551)
Employment Authorization Document issued by DHS (Form I-766)
Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a Machine Readable Immigrant Visa (MRIV)
For a nonimmigrant alien authorized to work for a specific employer because of his or her status:
- Foreign passport; and
- Form I-94 or Form I-94A that contains an endorsement of the alien’s nonimmigrant status as long as the endorsement has not expired and the proposed employment is authorized by the endorsement.

3.2. List B Documents

List B documents establish identity only. An employee presenting a List B document must also present a List C document to establish employment authorization.

Examples of List B documents include:

Driver’s license or identification card issued by a state or outlying possession of the United States provided it contains a photograph or other identifying information such as name, date of birth, sex, height, eye color, and address
ID card issued by federal, state, or local government agencies or entities, provided it contains a photograph or other identifying information such as name, date of birth, sex, height, eye color, and address
School identification card with a photograph
Voter’s registration card
U.S. Military card or draft record
Military dependent’s ID card
U.S. Coast Guard Merchant Mariner Card
Native American tribal document
Driver’s license issued by a Canadian government authority

For individuals under 18 who are unable to present a document listed above:

School record or report card
Clinic, doctor, or hospital record
Day-care or nursery school record

3.3. List C Documents

List C documents establish employment authorization only. An employee presenting a List C document must also present a List B document to establish identity.

Examples of List C documents include:

A Social Security Account Number card, unless the card contains one of the following restrictions:
- “NOT VALID FOR EMPLOYMENT”
- “VALID FOR WORK ONLY WITH DHS AUTHORIZATION”
- “VALID FOR WORK ONLY WITH INS AUTHORIZATION”
Certification of Birth Abroad issued by the Department of State (Form FS-545)
Certification of Report of Birth issued by the Department of State (Form DS-1350)
Original or certified copy of a birth certificate issued by a state, county, municipal authority, or outlying possession of the United States bearing an official seal
Native American tribal document
U.S. Citizen Identification Card (Form I-197)
Identification Card for Use of Resident Citizen in the United States (Form I-179)
Employment authorization document issued by the Department of Homeland Security (DHS) (other than Form I-766)

4. Employer Responsibilities and Compliance

Employers have several responsibilities related to Form I-9 compliance. Failure to comply with these responsibilities can result in fines and other penalties.

4.1. Retaining Form I-9

Employers must retain all completed pages of Form I-9 for a designated period. The retention period is the later of:

Three years after the date of hire; or
One year after the date employment terminates.

4.2. Inspection by Government Officers

Employers must make Forms I-9 available for inspection by authorized government officers from the Department of Homeland Security (DHS), the Department of Labor (DOL), and the Department of Justice (DOJ). Employers must provide access to Forms I-9 within three business days of a request for inspection.

4.3. Avoiding Discrimination

Employers must not discriminate against employees based on their citizenship status or national origin. Employers must accept any document from the Lists of Acceptable Documents that reasonably appears to be genuine and relates to the employee. Employers cannot specify which documents they will accept or refuse to accept certain documents.

4.4. E-Verify

E-Verify is an online system that allows employers to electronically verify the employment eligibility of their employees. While E-Verify is not mandatory for all employers, certain employers are required to use it, such as federal contractors and employers in certain states.

4.4.1. How E-Verify Works

Employers who use E-Verify submit information from the employee’s Form I-9 to the E-Verify system. The system compares the information to records available to the Social Security Administration (SSA) and DHS. If the information matches, the employee is authorized to work. If there is a mismatch, the employer must follow specific procedures to resolve the issue.

4.4.2. Benefits of Using E-Verify

Using E-Verify can help employers ensure that they are hiring individuals who are authorized to work in the United States. It can also protect employers from potential liability for hiring unauthorized workers.

5. Common Mistakes to Avoid on Form I-9

Completing the I-9 form correctly is crucial to avoid penalties. Here are some common mistakes to avoid:

5.1. Employee Mistakes

Failing to complete Section 1 accurately and completely.
Forgetting to sign and date Section 1.
Not providing the correct Alien Registration Number/USCIS Number or Form I-94 Admission Number, if applicable.

5.2. Employer Mistakes

Failing to complete Section 2 within three business days of the employee’s first day of employment.
Not examining original documents from the Lists of Acceptable Documents.
Failing to record the document information accurately.
Not signing and dating Section 2.
Failing to retain Form I-9 for the required retention period.
Discriminating against employees based on citizenship status or national origin.
Specifying which documents an employee must present.
Accepting documents that do not reasonably appear to be genuine or do not relate to the employee.

6. Form I-9 and Remote Employment

With the rise of remote employment, employers need to understand how to complete Form I-9 for remote employees.

6.1. Options for Remote Verification

Employers have several options for verifying the documents of remote employees:

Authorized Representative: The employer can designate an authorized representative to examine the employee’s documents in person. The authorized representative can be anyone the employer designates, such as a notary public, attorney, or another trusted individual.
Video Conference: While not explicitly authorized by USCIS, some employers use video conferencing to examine the employee’s documents. However, this method may not meet the strict requirements of the law.
DHS-Authorized Alternative Procedure: Certain employers who choose to remotely examine the employee’s documentation under a DHS-authorized alternative procedure must check the box in Section 2 to indicate they did so.

6.2. Best Practices for Remote Verification

When verifying the documents of remote employees, employers should follow these best practices:

Clearly instruct the authorized representative on how to examine the documents and complete Section 2 of the I-9 form.
Ensure that the authorized representative is aware of the requirements for acceptable documents.
Retain copies of the documents examined by the authorized representative.
Follow all other I-9 compliance requirements, such as retaining the form for the required retention period and making it available for inspection by government officers.

7. Penalties for I-9 Violations

Failure to comply with Form I-9 requirements can result in significant penalties.

7.1. Civil Penalties

Employers can be assessed civil penalties for substantive violations, such as failing to properly complete or retain Form I-9. The penalties vary depending on the severity of the violation.

7.2. Criminal Penalties

Employers who knowingly hire unauthorized workers can face criminal penalties, including fines and imprisonment.

7.3. Reducing the Risk of Penalties

Employers can reduce the risk of penalties by:

Implementing a comprehensive I-9 compliance program.
Training employees on I-9 requirements.
Conducting regular self-audits of I-9 forms.
Correcting any errors or omissions on Form I-9 as soon as they are discovered.

8. Updates and Changes to Form I-9

The I-9 form is periodically updated by USCIS. Employers must use the most current version of the form.

8.1. How to Stay Updated

Employers can stay updated on changes to Form I-9 by:

Visiting the USCIS website.
Subscribing to USCIS email updates.
Consulting with an immigration attorney or HR professional.

8.2. Using the Correct Version of the Form

Using an outdated version of Form I-9 can result in penalties. Employers should always verify that they are using the most current version of the form.

9. Resources for Employers and Employees

Several resources are available to help employers and employees understand Form I-9 requirements.

9.1. USCIS Website

The USCIS website provides a wealth of information on Form I-9, including:

The current version of the I-9 form.
Instructions for completing the I-9 form.
Lists of Acceptable Documents.
E-Verify information.
I-9 compliance resources.

9.2. Employer Handbooks and Guides

Several employer handbooks and guides provide detailed information on I-9 compliance. These resources can help employers understand their responsibilities and implement a comprehensive I-9 compliance program.

9.3. Immigration Attorneys and HR Professionals

Immigration attorneys and HR professionals can provide expert guidance on I-9 compliance. They can help employers navigate complex legal issues and ensure that they are meeting their obligations under the law.

10. Frequently Asked Questions (FAQs) About Form I-9

To further clarify the process, here are some frequently asked questions about Form I-9.

10.1. General Questions

Question	Answer
What is the purpose of Form I-9?	To verify the identity and employment authorization of individuals hired for employment in the United States.
Who needs to complete Form I-9?	Every new employee hired to work in the United States.
When must Form I-9 be completed?	Employees must complete Section 1 no later than their first day of employment. Employers must complete Section 2 within three business days of the employee’s first day of employment.
What documents are acceptable for Form I-9?	Employees must present original documents from the Lists of Acceptable Documents, which are divided into List A, List B, and List C.
Where can I find the most current version of Form I-9?	On the USCIS website.
What is E-Verify?	An online system that allows employers to electronically verify the employment eligibility of their employees.
What are the penalties for I-9 violations?	Civil penalties for substantive violations and criminal penalties for knowingly hiring unauthorized workers.
How long must employers retain Form I-9?	The later of three years after the date of hire or one year after the date employment terminates.
Can employers specify which documents an employee must present?	No, employers cannot specify which documents they will accept. The employee is free to choose which documents to present from the Lists of Acceptable Documents.
What should employers do if they discover an error on Form I-9?	Correct the error as soon as possible and document the correction on the form.

10.2. Specific Scenarios

Question	Answer
What if an employee does not have a Social Security card?	The employee can present other documents from List C to establish employment authorization. Providing the SSN is voluntary unless the employer participates in E-Verify.
What if an employee’s employment authorization document expires?	The employer must reverify the employee’s employment authorization by examining a current document from the Lists of Acceptable Documents.
How do I complete Form I-9 for a remote employee?	Employers can designate an authorized representative to examine the employee’s documents in person.
What if an employee needs assistance completing Section 1 of Form I-9?	A preparer or translator can assist the employee. The preparer or translator must complete Supplement A, Preparer and/or Translator Certification for Section 1.
What if I rehire an employee who was previously employed by my company?	If the employee is rehired within three years of the date of the original I-9 form, the employer may choose to complete Supplement B instead of completing a new I-9 form.
What if an employee presents a document that appears to be fraudulent?	The employer should not accept the document and should ask the employee to present another acceptable document. If the employer suspects that the document is fraudulent, they should report it to USCIS.
How does E-Verify work with Form I-9?	Employers who use E-Verify submit information from the employee’s Form I-9 to the E-Verify system. The system compares the information to records available to the Social Security Administration (SSA) and DHS.
What if an employee refuses to complete Form I-9?	The employer cannot employ the individual.
What if an employee is authorized to work but cannot provide the required documents?	The employee should apply for a replacement document or present other acceptable documents from the Lists of Acceptable Documents. The employee may be able to provide a receipt for the application for a replacement document, which can be used temporarily.

11. The Role of WHAT.EDU.VN in Answering Your Questions

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Form I-9 compliance is essential for all employers in the United States. By understanding the requirements of the law and following best practices, employers can avoid penalties and ensure that they are hiring individuals who are authorized to work in the U.S. At WHAT.EDU.VN, we are dedicated to providing you with the resources and support you need to navigate the complexities of Form I-9 and other employment-related issues.

Do you have questions about Form I-9 or any other topic? Don’t hesitate to visit what.edu.vn and ask your question for free. Our team is ready to provide you with the answers you need to succeed. Contact us at 888 Question City Plaza, Seattle, WA 98101, United States, or via WhatsApp at +1 (206) 555-7890. We look forward to helping you