The I-9 form verifies the identity and employment authorization of individuals hired for employment in the United States, playing a crucial role in employment eligibility. At WHAT.EDU.VN, we help break down this often confusing form. It is critical for employers to ensure compliance with immigration laws, avoiding penalties and maintaining a legal workforce.
1. What is the I-9 Form?
The I-9 form, officially known as the Employment Eligibility Verification form, is a U.S. Citizenship and Immigration Services (USCIS) document used by employers to verify the identity and employment authorization of individuals hired to work in the United States. According to USCIS, all U.S. employers must complete this form for every new employee they hire after November 6, 1986. The form confirms that the employee is authorized to work in the U.S., whether they are a U.S. citizen, a lawful permanent resident, or a foreign national authorized to work. This verification is a critical component of immigration law compliance.
1.1. Who Needs to Fill Out Form I-9?
Every new employee hired after November 6, 1986, who will be working in the United States, must complete Section 1 of the I-9 form. Employers are required to complete Section 2 within three business days of the employee’s start date. Certain exceptions exist, such as for employees hired before November 7, 1986, or for those who are independent contractors.
1.2. Where Can I Find the I-9 Form?
The latest version of the I-9 form can be downloaded from the USCIS website. The form is also available in Spanish for employers located in Puerto Rico, though all other employers must use the English version. Accessing the form directly from the USCIS ensures you have the most current version.
2. Purpose of the I-9 Form
The primary purpose of the I-9 form is to ensure that employers hire only individuals who are legally authorized to work in the United States. By requiring employees to attest to their employment eligibility and employers to verify documentation, the I-9 form serves as a crucial tool in preventing unauthorized employment. This process helps maintain a legal workforce and ensures compliance with U.S. immigration laws.
2.1. How Does the I-9 Form Ensure Legal Employment?
The I-9 form requires employees to provide documentation that proves their identity and employment authorization. Employers must review these documents to ensure they appear genuine and relate to the employee. By doing so, employers verify that the individual is legally eligible to work in the U.S., thus ensuring a legally compliant workforce.
2.2. What Are the Consequences of Not Completing the I-9 Form?
Failure to properly complete and retain I-9 forms can result in significant penalties for employers. These penalties can range from monetary fines to criminal charges in cases of egregious violations. Additionally, non-compliance can lead to negative publicity and damage to an employer’s reputation. Adhering to I-9 requirements is essential for maintaining legal compliance and avoiding costly repercussions.
3. Sections of the I-9 Form
The I-9 form is divided into several sections, each with specific instructions and requirements. These sections include employee information and attestation (Section 1), employer review and verification (Section 2), and sections for reverification and rehiring (Supplement B). Understanding each section is crucial for accurate completion and compliance.
3.1. Section 1: Employee Information and Attestation
In Section 1, employees must provide their personal information, including their name, address, date of birth, and Social Security number (optional unless the employer participates in E-Verify). Employees must also attest to their employment authorization status by indicating whether they are a U.S. citizen, a lawful permanent resident, or an alien authorized to work in the U.S. This section must be completed by the employee on or before their first day of employment.
3.2. Section 2: Employer Review and Verification
In Section 2, the employer must review the documents presented by the employee to verify their identity and employment authorization. The employer must examine the documents, record the document information (such as document title, issuing authority, number, and expiration date), and certify that the documents appear genuine and relate to the employee. This section must be completed within three business days of the employee’s first day of employment.
3.3. Supplement A: Preparer and/or Translator Certification for Section 1
Supplement A is used when an employee requires assistance from a preparer or translator to complete Section 1. The preparer or translator must complete this supplement, providing their name, address, and signature, certifying that they assisted the employee in completing the form. If an employee does not require assistance, this supplement is not needed.
3.4. Supplement B: Reverification and Rehire (formerly Section 3)
Supplement B is used for reverifying an employee’s employment authorization or documenting a rehire. Reverification is required when an employee’s employment authorization document expires. This supplement captures updated document information and signatures, ensuring ongoing compliance. It’s also used to document the rehire of former employees.
4. Acceptable Documents for the I-9 Form
The I-9 form requires employees to provide documentation that establishes both their identity and employment authorization. These documents are divided into three lists: List A, List B, and List C. Understanding which documents are acceptable under each list is essential for proper verification.
4.1. 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. Common examples of List A documents include:
- U.S. Passport or U.S. Passport Card
- Permanent Resident Card (Green Card)
- Employment Authorization Document (EAD) issued by USCIS
- Foreign passport containing 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:
- A foreign passport; and
- Form I-94, Arrival/Departure Record
4.2. List B Documents
List B documents establish identity only. An employee can present a document from List B along with a document from List C to satisfy the I-9 requirements. Examples of List B documents include:
- Driver’s license or identification card issued by a state or outlying possession of the United States
- School identification card with a photograph
- Voter 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
- Canadian driver’s license or identification card
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
4.3. List C Documents
List C documents establish employment authorization only. An employee can present a document from List C along with a document from List B to satisfy the I-9 requirements. Examples of List C documents include:
- Social Security card (other than one stating “not valid for employment”)
- Birth certificate issued by a state, county, municipal authority, or outlying possession of the United States bearing an official seal
- Original or certified copy of a birth certificate issued by the U.S. Department of State (Form FS-545 or Form DS-1350)
- Native American tribal document
- Form I-197, Identification Card for Use of Resident Citizen in the United States
- Form I-179, Identification Card for Use of Resident Citizen in the United States
- Employment authorization document issued by the Department of Homeland Security (DHS)
4.4. Can an Employee Choose Which Documents to Present?
Yes, employees have the right to choose which acceptable documents they want to present from the Lists of Acceptable Documents. Employers cannot specify which documents they will accept or demand a particular document.
5. Completing the I-9 Form
Properly completing the I-9 form is crucial for compliance. Both employees and employers must follow specific instructions and guidelines to ensure accuracy and avoid errors.
5.1. Instructions for Employees
Employees should complete Section 1 of the I-9 form accurately and truthfully. They must provide all required information, attest to their employment authorization status, and sign and date the form. If assistance is needed, they can use Supplement A, Preparer and/or Translator Certification for Section 1.
5.2. Instructions for Employers
Employers must examine the documents presented by the employee, record the required information in Section 2, and certify that the documents appear genuine and relate to the employee. Employers must also retain the completed I-9 form for the duration of the employee’s employment and for a specified period after termination.
5.3. Common Mistakes to Avoid
Common mistakes in completing the I-9 form include:
- Failing to complete all required fields
- Accepting expired documents
- Not completing Section 2 within three business days of the employee’s start date
- Demanding specific documents from employees
- Failing to retain the I-9 form for the required period
Avoiding these mistakes is essential for maintaining compliance and avoiding penalties.
6. I-9 Form Retention Requirements
Employers are required to retain completed I-9 forms for a specific period. This retention requirement ensures that forms are available for inspection by authorized government officials.
6.1. How Long Should Employers Keep I-9 Forms?
Employers must retain I-9 forms for the duration of the employee’s employment and for either three years after the date of hire or one year after the date employment ends, whichever is later. For example, if an employee is hired on January 1, 2020, and terminates employment on January 1, 2025, the employer must retain the I-9 form until January 1, 2026.
6.2. How Should Employers Store I-9 Forms?
Employers can store I-9 forms either electronically or in paper format. Electronic storage systems must comply with DHS regulations, ensuring that the forms are accessible, secure, and can be reproduced accurately. Paper forms should be stored in a secure location to prevent unauthorized access.
7. I-9 Audits and Inspections
Employers may be subject to I-9 audits and inspections by government agencies, such as Immigration and Customs Enforcement (ICE). These audits ensure that employers are complying with I-9 requirements and maintaining a legally authorized workforce.
7.1. What Happens During an I-9 Audit?
During an I-9 audit, ICE officials will review an employer’s I-9 forms to ensure they are complete, accurate, and properly retained. ICE may also interview employees and review other records to verify compliance. Employers will receive a Notice of Inspection (NOI) prior to the audit, giving them a specified period to prepare the necessary documents.
7.2. How to Prepare for an I-9 Audit
To prepare for an I-9 audit, employers should:
- Conduct regular self-audits of their I-9 forms
- Ensure all I-9 forms are complete and accurate
- Correct any errors or omissions on the forms
- Train staff on proper I-9 completion and retention procedures
- Maintain a well-organized system for storing I-9 forms
Being proactive in ensuring compliance can help employers avoid penalties and negative consequences during an audit.
8. Electronic I-9 Forms
Employers have the option to complete and store I-9 forms electronically, using an electronic I-9 system. However, these systems must comply with specific DHS regulations.
8.1. What Are the Requirements for Electronic I-9 Systems?
Electronic I-9 systems must:
- Ensure that the electronic signature is attributable to the individual
- Provide integrity and security of the stored records
- Ensure that the system includes audit trails
- Allow for easy retrieval and reproduction of the forms
- Comply with all relevant privacy and security regulations
Using a compliant electronic I-9 system can streamline the I-9 process and improve accuracy.
8.2. What Are the Benefits of Using Electronic I-9 Forms?
Benefits of using electronic I-9 forms include:
- Improved accuracy and reduced errors
- Streamlined I-9 process
- Better organization and accessibility of forms
- Enhanced compliance with retention requirements
- Reduced storage costs
However, employers must ensure that the chosen system meets all DHS requirements.
9. Common I-9 Form Scenarios and Questions
Navigating the I-9 form can be complex, especially when dealing with specific scenarios. Here are some common questions and scenarios related to the I-9 form.
9.1. What if an Employee’s Document Expires?
If an employee’s List A or List C document expires, the employer must reverify the employee’s employment authorization using Supplement B. The employee must present a valid, unexpired document to demonstrate continued employment authorization.
9.2. Can an Employer Request Specific Documents from an Employee?
No, employers cannot request specific documents from an employee. Employees have the right to choose which acceptable documents they want to present from the Lists of Acceptable Documents.
9.3. What if an Employee Provides a Social Security Card Marked “Not Valid for Employment”?
An employee cannot use a Social Security card marked “Not Valid for Employment” as a List C document. The employee must present another acceptable document from List C or a document from List A.
9.4. What if an Employee Changes Their Name?
If an employee changes their name after completing the I-9 form, the employer is not required to update the form. However, the employee may need to update their information with the Social Security Administration (SSA) and other relevant agencies.
9.5. What if an Employer Makes a Mistake on the I-9 Form?
If an employer makes a mistake on the I-9 form, they should correct the error as soon as possible. Minor errors can be corrected by drawing a line through the incorrect information, entering the correct information, and initialing and dating the correction. For more significant errors, the employer may need to complete a new I-9 form.
10. Resources and Assistance
Navigating the I-9 form can be complex, but numerous resources and assistance are available to help employers and employees.
10.1. USCIS Website and Resources
The USCIS website provides comprehensive information and resources related to the I-9 form, including:
- The latest version of the I-9 form and instructions
- The Handbook for Employers (M-274), which provides detailed guidance on completing the I-9 form
- Frequently Asked Questions (FAQs)
- Webinars and training materials
10.2. Legal Counsel and HR Professionals
Employers can also seek assistance from legal counsel and HR professionals who specialize in immigration law and compliance. These professionals can provide guidance on I-9 completion, audits, and other related issues.
10.3. WHAT.EDU.VN
At WHAT.EDU.VN, we understand that navigating the I-9 form can be complex and confusing. That’s why we offer a platform where you can ask any question and receive answers quickly and for free. Whether you’re an employer seeking clarity on compliance requirements or an employee unsure about which documents to provide, our community of experts is here to help. Don’t let uncertainty lead to costly mistakes. Visit WHAT.EDU.VN today, ask your question, and gain the confidence to handle your I-9 responsibilities effectively. Contact us at 888 Question City Plaza, Seattle, WA 98101, United States, or via Whatsapp at +1 (206) 555-7890.
11. I-9 Form Compliance Best Practices
To ensure ongoing compliance with I-9 requirements, employers should implement the following best practices:
11.1. Regular Self-Audits
Conduct regular self-audits of I-9 forms to identify and correct any errors or omissions. This proactive approach can help prevent issues during an official audit.
11.2. Employee Training
Provide comprehensive training to HR staff and managers on proper I-9 completion and retention procedures. This ensures that everyone involved understands their responsibilities and can perform them accurately.
11.3. Consistent Application of Policies
Apply I-9 policies consistently across all employees, avoiding any discriminatory practices. This ensures fairness and compliance with anti-discrimination laws.
11.4. Stay Updated on Regulatory Changes
Stay informed about any changes to I-9 regulations and requirements. The USCIS regularly updates the I-9 form and related guidance, so it’s important to stay current.
11.5. Maintain Detailed Records
Maintain detailed records of all I-9 related activities, including self-audits, training sessions, and any corrective actions taken. This documentation can be valuable in demonstrating compliance during an audit.
12. How the I-9 Form Impacts Different Industries
The I-9 form impacts various industries differently based on their hiring practices and workforce composition. Certain sectors, such as agriculture, hospitality, and construction, often rely on a diverse workforce, making I-9 compliance particularly critical.
12.1. High-Turnover Industries
Industries with high employee turnover rates, such as retail and food service, face unique challenges in maintaining I-9 compliance. The frequent hiring and termination of employees require diligent attention to I-9 completion and retention. Employers in these industries should implement streamlined processes and provide ongoing training to ensure accuracy.
12.2. Industries with Seasonal Workers
Industries that rely on seasonal workers, such as agriculture and tourism, must manage I-9 compliance for a large influx of employees during peak seasons. Proper planning and organization are essential to ensure that all new hires complete the I-9 form correctly and that the forms are retained as required.
12.3. Industries with Remote Workers
With the rise of remote work, employers must adapt their I-9 processes to accommodate employees who are not physically present at the worksite. The Department of Homeland Security (DHS) has provided some flexibility in these cases, allowing for remote verification under certain conditions. Employers should stay informed about the latest guidance and implement secure processes for remote I-9 completion and verification.
13. Future of the I-9 Form
The I-9 form and its associated processes are subject to ongoing review and potential changes. Staying informed about potential future developments is crucial for employers to maintain compliance.
13.1. Potential Changes to the Form
The USCIS may periodically update the I-9 form to reflect changes in immigration laws or to improve the form’s clarity and usability. Employers should regularly check the USCIS website for the latest version of the form and any related guidance.
13.2. Increased Enforcement Efforts
Government agencies, such as ICE, may increase their enforcement efforts related to I-9 compliance. This could result in more frequent audits and stricter penalties for non-compliance. Employers should be prepared for increased scrutiny and take proactive steps to ensure they are meeting all requirements.
13.3. Technological Advancements
Technological advancements, such as biometric identification and blockchain, could potentially transform the I-9 process in the future. These technologies could provide more secure and efficient methods for verifying identity and employment authorization. Employers should monitor these developments and consider how they could be integrated into their I-9 processes.
14. I-9 Form and Discrimination
It is essential for employers to avoid discriminatory practices when completing the I-9 form. Federal law prohibits employers from discriminating against employees based on their citizenship status or national origin.
14.1. What Actions Could Be Considered Discriminatory?
Discriminatory actions related to the I-9 form include:
- Requesting specific documents from an employee
- Rejecting valid documents presented by an employee
- Treating employees differently based on their citizenship status or national origin
- Requiring additional documentation from certain employees
14.2. How to Avoid Discrimination When Completing the I-9 Form
To avoid discrimination, employers should:
- Apply I-9 policies consistently to all employees
- Accept any valid document presented by an employee
- Not request specific documents from an employee
- Train staff on anti-discrimination laws and policies
By following these guidelines, employers can ensure that their I-9 practices are fair and non-discriminatory.
15. Understanding E-Verify and Its Relationship to the I-9 Form
E-Verify is an internet-based system that allows employers to electronically verify the employment eligibility of their employees. While E-Verify is separate from the I-9 form, the two are often used together.
15.1. What is E-Verify?
E-Verify is a voluntary program that allows employers to compare information from an employee’s I-9 form against records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS). This helps employers verify the employee’s identity and employment authorization.
15.2. How Does E-Verify Work with the I-9 Form?
When an employer uses E-Verify, they first complete the I-9 form as usual. Then, they enter the employee’s information from the I-9 form into the E-Verify system. The system compares this information against SSA and DHS records and provides a verification result. 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.
15.3. What Are the Benefits of Using E-Verify?
Benefits of using E-Verify include:
- Reduced risk of hiring unauthorized workers
- Improved accuracy in verifying employment eligibility
- Compliance with federal contracting requirements (for some employers)
- Access to additional resources and support from USCIS
However, employers must follow specific rules and procedures when using E-Verify, including displaying required posters and providing employees with the opportunity to contest a mismatch.
16. Frequently Asked Questions About the I-9 Form
16.1. What Is the Latest Version of the I-9 Form?
The latest version of the I-9 form is available on the USCIS website. Employers should always use the most current version to ensure compliance.
16.2. Can an Employer Accept a Photocopy of a Document?
Generally, employers must examine original documents. However, there are some exceptions, such as certified copies of birth certificates.
16.3. What Should an Employer Do If an Employee Refuses to Complete the I-9 Form?
If an employee refuses to complete Section 1 of the I-9 form or provide acceptable documentation, the employer cannot employ that individual.
16.4. Is There a Fee to Obtain the I-9 Form?
No, the I-9 form is available for free on the USCIS website.
16.5. Can an Employer Require an Employee to Provide a Specific Document from List A, B, or C?
No, an employer cannot require an employee to provide a specific document. The employee has the right to choose which acceptable documents they want to present.
16.6. What Is the Purpose of the Employee Attestation Section on the I-9 Form?
The employee attestation section requires the employee to declare under penalty of perjury that they are authorized to work in the United States.
16.7. How Soon After Hiring an Employee Must the I-9 Form Be Completed?
Section 1 of the I-9 form must be completed by the employee on or before their first day of employment. Section 2 must be completed by the employer within three business days of the employee’s first day of employment.
16.8. What Are the Penalties for I-9 Form Violations?
Penalties for I-9 form violations can include monetary fines, civil penalties, and in some cases, criminal charges. The amount of the penalties depends on the severity and frequency of the violations.
16.9. Can an Employer Use an Expired Document for I-9 Verification?
Generally, no. Employers must examine unexpired documents to verify an employee’s identity and employment authorization. However, there are some exceptions, such as for certain expired List B documents presented for reverification.
16.10. What Is the Role of the Social Security Administration (SSA) in the I-9 Process?
The SSA maintains records of individuals authorized to work in the United States. E-Verify uses SSA records to verify the employment eligibility of employees.
The I-9 form is a critical document for ensuring legal compliance in the hiring process. Understanding its purpose, sections, and requirements is essential for both employers and employees. By following best practices and staying informed about regulatory changes, employers can avoid penalties and maintain a legally authorized workforce.
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