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. Both employees and employers have specific responsibilities in completing and managing this form. Understanding the structure of Form I-9 is essential for compliance. The form is structured into four key parts, each serving a distinct purpose in the verification process.
Page 1 of Form I-9 is where the core verification process begins. It’s divided into two sections that require action from both the new employee and their employer.
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Section 1: Employee Information and Attestation: This section must be completed by the new employee. Here, the employee attests to their employment authorization by selecting whether they are a U.S. citizen, a noncitizen national, a lawful permanent resident, or an alien authorized to work in the United States. They must also provide personal information such as their name, address, date of birth, and Social Security number. Importantly, employees must also present acceptable documents to their employer to prove their identity and employment authorization.
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Section 2: Employer Review and Verification: This section is the employer’s responsibility. The employer must physically examine the documents presented by the employee from the Lists of Acceptable Documents (found on Page 2). They must ensure that the documents reasonably appear to be genuine and relate to the employee. The employer then records the document information in Section 2, including document titles, issuing authorities, document numbers, and expiration dates (if any). Notably, employers who utilize a DHS-authorized alternative procedure for remote document examination must check the designated box in Section 2 to indicate this.
Page 2 is a resource page titled “Lists of Acceptable Documents.” This page is critical because it outlines the documents that are acceptable for employees to present to demonstrate their identity and employment authorization. There are three lists:
- List A: Documents that establish both identity and employment authorization (e.g., U.S. Passport, Permanent Resident Card).
- List B: Documents that establish identity only (e.g., Driver’s License, State ID Card).
- List C: Documents that establish employment authorization only (e.g., Social Security Card, Birth Certificate).
Employers are required to provide Page 2 to their employees, either as a physical copy or a hyperlink. It’s important to note that employers are not required to retain Page 2 with the employee’s Form I-9.
Page 3 contains “Supplement A, Preparer and/or Translator Certification for Section 1.” This supplement is used only when a preparer or translator assists an employee in completing Section 1. If an employee requires assistance from a preparer or translator, this individual must complete Supplement A, certifying that they assisted the employee in completing Section 1 accurately based on the employee’s instructions and information. Employers are responsible for ensuring Supplement A is completed when necessary and retained with the employee’s Form I-9. If no preparer or translator is used, Page 3 is not required.
Page 4 features “Supplement B, Reverification and Rehire” (formerly Section 3). Employers use this page to document the reverification of an employee’s employment authorization. Reverification is required when an employee’s temporary employment authorization or document expires. Supplement B is also used if an employer chooses to document a rehire of a former employee within a specific timeframe. Unless reverification or rehire documentation is needed, employers do not need to print, provide, or retain Page 4 with Form I-9.
It is also mandatory for employers to ensure that employees have access to the Instructions for Form I-9. These instructions provide detailed guidance on completing the form correctly and can be provided in hard copy or via a hyperlink.
Employers are legally obligated to retain all completed pages of Form I-9 for each employee for a specified period, and these forms must be available for inspection by authorized government officials if requested.
While the English-language version of Form I-9 is standard, employers in Puerto Rico have the option to use the Spanish-language version. Any employer can utilize the Spanish version and instructions as a translation aid.
Form I-9 is designed as a fillable form for convenience, allowing users to type directly into the fields, except for signature blocks. However, due to DHS requirements, both employers and employees must print and manually sign the form. Electronic signatures are not compliant with DHS standards for this fillable form. Failure to adhere to DHS standards for electronic Form I-9 processes can result in penalties. Therefore, understanding and correctly completing each part of Form I-9 is crucial for employers to maintain compliance and ensure a legally sound workforce.
