What Is An I-9 Form? Your Comprehensive Guide For 2024

Navigating the world of employment paperwork can be confusing, but don’t worry! What is an I-9 form? It’s a document used to verify an employee’s identity and authorization to work in the United States; you’ll learn everything you need to know right here with a simple explanation on WHAT.EDU.VN. From understanding the form’s purpose to completing it accurately and staying compliant, we’ve got you covered and this assists with employment eligibility, verification process, and legal compliance.

1. What Is Form I-9: A Detailed Explanation

Form I-9, officially known as the Employment Eligibility Verification form, is a U.S. government form mandated by the Immigration Reform and Control Act of 1986 (IRCA). It’s used by employers to verify the identity and employment authorization of individuals hired for employment in the United States. Both employees and employers have responsibilities in completing and retaining this form.

1.1. Who Needs to Complete Form I-9?

Employees: All new employees hired after November 6, 1986, must complete Section 1 of Form I-9 on their first day of employment.
Employers: Employers are required to complete Section 2 of Form I-9 within three business days of the employee’s start date.

1.2. Purpose of Form I-9

The main purpose of Form I-9 is to ensure that employers hire individuals who are authorized to work in the United States, whether they are U.S. citizens, U.S. nationals, lawful permanent residents, or aliens authorized to work.

1.3. Legal Requirements

According to the U.S. Citizenship and Immigration Services (USCIS), employers must comply with Form I-9 requirements to avoid penalties, which can include fines and even criminal charges for knowingly hiring unauthorized workers. For more detailed information, you can refer to the USCIS Handbook for Employers (M-274).

1.4. Key Components of the I-9 Form

The I-9 form consists of several key parts that both employees and employers need to understand:

Section 1: Employee Information and Attestation: This section is completed by the employee, who must provide their personal information, such as name, address, date of birth, and social security number (optional, unless the employer participates in E-Verify). The employee must also attest to their citizenship or immigration status.
Section 2: Employer Review and Verification: The employer must physically examine the employee’s original documents establishing identity and employment authorization. The employer then records the document information in Section 2 of the form.
Lists of Acceptable Documents: Form I-9 includes lists of documents that employees can present to prove their identity and employment authorization. These documents are divided into three lists: List A (documents that establish both identity and employment authorization), List B (documents that establish identity), and List C (documents that establish employment authorization).
Supplement A: Preparer and/or Translator Certification for Section 1: This supplement is used if the employee requires assistance from a preparer or translator to complete Section 1.
Supplement B: Reverification and Rehire: This supplement is used when an employee’s employment authorization requires reverification or when the employer rehires a former employee.

1.5. Common Mistakes to Avoid

Incorrectly Completing the Form: Ensure all fields are filled out accurately and legibly.
Accepting Expired Documents: Only unexpired documents from the Lists of Acceptable Documents are valid.
Failing to Complete the Form on Time: Employees must complete Section 1 on their first day, and employers must complete Section 2 within three business days.
Not Retaining the Form: Employers must retain Form I-9 for the duration of the employee’s employment and for a specified period after termination.

1.6. Staying Compliant

Regular Audits: Conduct internal audits of I-9 forms to identify and correct errors.
Training: Provide training to HR staff and managers on proper I-9 completion and compliance procedures.
Updates: Stay informed about changes to Form I-9 and USCIS regulations.
E-Verify: Consider participating in E-Verify, an online system that allows employers to electronically verify the employment eligibility of their employees.

By understanding the purpose, requirements, and components of Form I-9, both employees and employers can ensure compliance with U.S. immigration law and maintain a legally compliant workforce. Accurate form completion helps with avoiding penalties, ensuring legal hiring practices, and maintaining workforce compliance. For any further questions, feel free to ask on WHAT.EDU.VN for free answers.

2. What Documents Are Acceptable for Form I-9?

When completing Form I-9, employees must provide documents that prove their identity and authorization to work in the United States. These documents are categorized into three lists: List A, List B, and List C. Here’s a breakdown of the acceptable documents for each list:

2.1. List A: Documents That Establish Both Identity and Employment Authorization

List A documents are those that prove both the employee’s identity and their eligibility to work in the U.S. An employee can present one document from this list to satisfy the I-9 requirements. Examples of List A documents include:

U.S. Passport or U.S. Passport Card: These are valid travel documents issued by the U.S. Department of State to U.S. citizens and nationals.
Permanent Resident Card (Form I-551): Also known as a Green Card, this document is issued to lawful permanent residents of the U.S.
Employment Authorization Document (EAD Card, Form I-766): This card is issued by USCIS to individuals authorized to work temporarily in the U.S.
Foreign Passport: This must contain a temporary I-551 stamp or I-551 printed notation on a Machine Readable Immigrant Visa (MRIV).
For citizens of Micronesia, the Marshall Islands, or Palau: A Foreign Passport with Form I-94 or Form I-94A indicating nonimmigrant status.

2.2. List B: Documents That Establish Identity

If an employee does not present a document from List A, they must provide one document from List B to prove their identity. These documents must include a photograph of the employee. Examples of List B documents include:

Driver’s License or ID Card: Issued by a state or outlying possession of the United States, provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address.
School ID 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:
Canadian Driver’s License or ID Card:

2.3. List C: Documents That Establish Employment Authorization

In addition to a document from List B, an employee must also provide a document from List C to prove their employment authorization. Examples of List C documents include:

Social Security Account Number Card: This card must be unrestricted. Note that laminated cards are acceptable, but the Social Security Administration (SSA) advises against lamination.
Birth Certificate: Issued by a state, county, municipal authority, or outlying possession of the United States, bearing an official seal.
U.S. Citizen ID Card (Form I-197):
Identification Card for Use of Resident Citizen in the United States (Form I-179):
Employment Authorization Document Issued by DHS (other than Form I-766): For example, Form I-94 Arrival/Departure Record with employment authorization.

2.4. Rules and Guidelines for Acceptable Documents

Original Documents: Employees must present original documents; copies are not acceptable, with some exceptions as outlined by USCIS.
Unexpired Documents: All documents must be unexpired. Expired documents are not acceptable for Form I-9 verification.
Document Presentation: Employees have the right to choose which documents they want to present from the lists of acceptable documents. Employers cannot specify which documents they prefer.
Receipts: In some cases, a receipt for an application to replace a lost, stolen, or damaged document may be acceptable for a temporary period. The employee must present the actual document within the specified timeframe.

2.5. Examples of Document Combinations

To illustrate, here are a few examples of document combinations an employee could present:

List A: U.S. Passport
List B: Driver’s License, List C: Social Security Card
List B: School ID Card, List C: Birth Certificate

2.6. Employer Responsibilities

Employers must:

Examine the documents presented by the employee to determine if they reasonably appear to be genuine and relate to the employee.
Record the document information in Section 2 of Form I-9.
Not ask for specific documents or refuse to accept a document that reasonably appears to be genuine.
Retain copies of the documents (optional, but recommended) along with the completed Form I-9.

By understanding which documents are acceptable for Form I-9 and adhering to the guidelines set forth by USCIS, employers can ensure compliance with federal law and maintain a legally authorized workforce. Knowing acceptable documents, understanding document requirements, and ensuring compliance will help you avoid legal issues. If you have more questions, ask our experts on WHAT.EDU.VN and get answers for free.

3. How To Fill Out Form I-9: A Step-By-Step Guide

Completing Form I-9 accurately is crucial for both employees and employers to ensure compliance with U.S. immigration laws. Here’s a step-by-step guide on how to fill out the form correctly.

3.1. Step 1: Employee Completes Section 1 – Employee Information and Attestation

Employees must complete Section 1 of Form I-9 on their first day of employment. Here’s how to fill it out:

Last Name (Family Name) / First Name (Given Name) / Middle Initial: Enter your full legal name.
Other Last Names Used (If Any): If you have used any other last names, such as a maiden name, enter them here.
Address (Street Name and Number) / Apt. Number (If Any): Provide your current street address and apartment number, if applicable.
City or Town / State / Zip Code: Enter the city, state, and zip code of your current address.
Date of Birth (mm/dd/yyyy): Enter your date of birth in the specified format.
U.S. Social Security Number: This is optional unless your employer participates in E-Verify.
Email Address (Optional): Providing an email address is optional.
Telephone Number (Optional): Providing a telephone number is also optional.
Citizenship/Immigration Status: Check the box that applies to you:
- A citizen of the United States
- A noncitizen national of the United States
- A lawful permanent resident (Provide your Alien Registration Number/USCIS Number)
- An alien authorized to work (Provide your Alien Registration Number/USCIS Number and expiration date of your authorization)
Signature of Employee: Sign your name in the space provided.
Today’s Date (mm/dd/yyyy): Enter the current date.

If a Preparer or Translator Assists You: If someone helps you complete Section 1, they must complete Supplement A, Preparer and/or Translator Certification for Section 1.

3.2. Step 2: Employer Completes Section 2 – Employer Review and Verification

Employers must complete Section 2 within three business days of the employee’s first day of employment. Here’s how to fill it out:

Employee Info from Section 1:
- Last Name (Family Name) / First Name (Given Name): Enter the employee’s name as it appears in Section 1.
- Citizenship/Immigration Status: Enter the citizenship or immigration status the employee selected in Section 1.
Document Information:
- Examine the original documents presented by the employee from the Lists of Acceptable Documents.
- Record the document title, issuing authority, document number, and expiration date (if any) for each document.
- List A: If the employee presented a document from List A, record the information in the List A section.
- List B & C: If the employee presented documents from List B and List C, record the information in the respective sections.
Certification:
- Today’s Date (mm/dd/yyyy): Enter the current date.
- Signature of Employer or Authorized Representative: Sign your name in the space provided.
- Title of Employer or Authorized Representative: Enter your title.
Business or Organization Name: Enter the name of your company or organization.
Address (Street Name and Number) / City or Town / State / Zip Code: Provide the address of your business.

3.3. Step 3: Completing Supplement A – Preparer and/or Translator Certification for Section 1

This supplement is completed only if someone assisted the employee in completing Section 1 of Form I-9.

Preparer and Translator Information:
- Last Name (Family Name) / First Name (Given Name): Enter the preparer’s or translator’s full legal name.
- Address (Street Name and Number) / City or Town / State / Zip Code: Provide the preparer’s or translator’s current address.
Signature:
- Signature of Preparer or Translator: The preparer or translator must sign their name in the space provided.
- Today’s Date (mm/dd/yyyy): Enter the current date.

3.4. Step 4: Completing Supplement B – Reverification and Rehire

This supplement is used for reverifying an employee’s employment authorization or documenting a rehire.

Employee Information:
- Last Name (Family Name) / First Name (Given Name): Enter the employee’s name.
- Date of Birth (mm/dd/yyyy): Enter the employee’s date of birth.
Reverification:
- If reverifying, examine the employee’s current document and record the document title, issuing authority, document number, and expiration date (if any).
- Sign and date the reverification section.
Rehire:
- If rehiring, record the date of rehire.
- If the employee’s previous Form I-9 is no longer valid, complete a new Form I-9.

3.5. Tips for Accurate Completion

Read Instructions Carefully: Always read the instructions provided with Form I-9 before completing it.
Use Black Ink: Fill out the form using black ink for better readability.
Complete All Fields: Ensure all required fields are completed accurately.
Double-Check Information: Review the information entered to avoid errors.
Keep Copies: Employers should retain copies of completed Form I-9 for their records.

3.6. Common Errors to Avoid

Incorrectly Entering Names: Ensure the employee’s name is entered correctly and matches the documents provided.
Accepting Expired Documents: Only unexpired documents are acceptable.
Failing to Complete the Form on Time: Complete Section 2 within three business days of the employee’s start date.
Not Signing and Dating the Form: Both the employee and employer must sign and date the form.

By following this step-by-step guide and avoiding common errors, both employees and employers can ensure that Form I-9 is completed accurately and in compliance with U.S. immigration laws. Following these steps ensures accuracy, compliance, and proper documentation. Still have questions? Get them answered for free on WHAT.EDU.VN.

4. Where to Find the I-9 Form?

Accessing the most current version of the I-9 form is vital for employers and employees to ensure compliance with U.S. immigration law. The form is readily available through official government sources, ensuring you always have the correct and up-to-date version.

4.1. Official Sources for Downloading the I-9 Form

The primary source for downloading the I-9 form is the U.S. Citizenship and Immigration Services (USCIS) website. USCIS is the government agency responsible for immigration and naturalization, and their website provides all the necessary resources related to Form I-9.

USCIS Website:
- Visit the USCIS website at https://www.uscis.gov/.
- Navigate to the “Forms” section.
- Search for “Form I-9” in the search bar or browse the list of available forms.
- Download the latest version of Form I-9 and the accompanying instructions.

4.2. Key Things to Look for When Downloading

When downloading the I-9 form, ensure you are getting the most current version by checking the following:

Edition Date: Look for the edition date on the form. USCIS updates the form periodically, so it’s crucial to use the latest version. The edition date is usually found at the bottom of the form.
Form Number: Confirm that the form number is “I-9” to ensure you are downloading the correct form.
Official USCIS Seal: Verify that the form has the official USCIS seal to ensure its authenticity.

4.3. Alternate Ways to Access the I-9 Form

While the USCIS website is the primary source, there are a few other ways to access the I-9 form:

Government Printing Office (GPO):
- The GPO provides government forms and publications. You can order a printed copy of Form I-9 from the GPO website.
Professional HR Services:
- Many HR service providers and legal firms offer access to the I-9 form as part of their services.
State Workforce Agencies:
- Some state workforce agencies may provide links to the I-9 form on their websites.

4.4. Best Practices for Ensuring You Have the Correct Version

Regularly Check USCIS Website: Make it a routine to check the USCIS website for any updates or changes to Form I-9.
Subscribe to USCIS Updates: Sign up for email updates from USCIS to receive notifications about form revisions and other important announcements.
Bookmark the Official Form Page: Bookmark the direct link to Form I-9 on the USCIS website for quick access.
Discard Old Versions: When a new version of Form I-9 is released, discard any old versions you may have saved.

4.5. Why Using the Correct Form Matters

Using the most current version of Form I-9 is essential for several reasons:

Compliance: Employers are required to use the latest version of the form to comply with U.S. immigration law.
Accuracy: Updated forms include the most current instructions and requirements, reducing the risk of errors.
Legal Protection: Using the correct form helps protect employers from potential fines and legal issues related to I-9 compliance.

By knowing where to find the I-9 form and following best practices for ensuring you have the correct version, you can maintain compliance and avoid potential penalties. Accessing the form through official channels guarantees compliance, accuracy, and legal protection. Still have questions? Ask our experts on WHAT.EDU.VN and get answers for free.

5. What Is I-9 Compliance?

I-9 compliance refers to the adherence to the regulations and requirements set forth by the U.S. government regarding the employment eligibility verification process. This process is mandated by the Immigration Reform and Control Act of 1986 (IRCA) and is primarily managed through the use of Form I-9, Employment Eligibility Verification. Compliance is essential for all U.S. employers to ensure they are hiring individuals authorized to work in the United States.

5.1. Key Elements of I-9 Compliance

Completing Form I-9: Employers must ensure that both they and their employees accurately complete Form I-9. Employees must complete Section 1 on their first day of employment, and employers must complete Section 2 within three business days of the employee’s start date.
Verifying Employment Eligibility: Employers are required to examine the documents presented by employees to verify their identity and authorization to work in the United States. The documents must be originals from the Lists of Acceptable Documents provided with Form I-9.
Retaining Form I-9: Employers must retain Form I-9 for all current employees. For terminated employees, employers must keep the form for at least one year after termination or three years after the date of hire, whichever is later.
Presenting Form I-9 for Inspection: Employers must be prepared to present Form I-9 to authorized government officials from agencies such as the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and the Department of Labor (DOL) upon request.
Avoiding Discrimination: Employers must not discriminate against employees based on their citizenship or immigration status. Employers must accept any valid documents from the Lists of Acceptable Documents and cannot request specific documents.

5.2. Best Practices for Maintaining I-9 Compliance

To ensure ongoing compliance with I-9 regulations, employers should implement the following best practices:

Regular Audits: Conduct regular internal audits of I-9 forms to identify and correct any errors or omissions. This helps ensure that all forms are complete, accurate, and compliant with current regulations.
Training: Provide comprehensive training to HR staff and managers on the proper procedures for completing and managing Form I-9. Training should cover topics such as acceptable documents, completion deadlines, and anti-discrimination policies.
Use of E-Verify: Consider participating in E-Verify, an online system that allows employers to electronically verify the employment eligibility of their employees. While not mandatory for all employers, E-Verify can help reduce the risk of hiring unauthorized workers.
Staying Updated: Stay informed about changes to Form I-9 and USCIS regulations. Subscribe to USCIS updates and regularly check the USCIS website for the latest information.
Standardized Procedures: Establish standardized procedures for completing and retaining Form I-9 to ensure consistency across the organization. This includes using checklists and templates to guide the process.
Proper Storage: Store completed I-9 forms in a secure location, separate from employee personnel files, to protect employee privacy and confidentiality.
Consistent Application: Apply I-9 procedures consistently to all employees, regardless of their citizenship or immigration status, to avoid discrimination claims.

5.3. Consequences of Non-Compliance

Failure to comply with I-9 regulations can result in severe penalties, including:

Fines: Employers can be fined for both substantive and procedural violations of I-9 requirements. Fines can range from hundreds to thousands of dollars per violation, depending on the severity and frequency of the non-compliance.
Criminal Charges: In cases of egregious non-compliance, employers may face criminal charges, particularly if they knowingly hire unauthorized workers or engage in fraudulent activities related to Form I-9.
Civil Penalties: Employers may be subject to civil penalties for hiring or continuing to employ unauthorized workers.
Business Disruptions: Non-compliance can lead to audits, investigations, and legal proceedings that can disrupt business operations and damage the employer’s reputation.
Debarment: In some cases, employers may be debarred from participating in government contracts due to I-9 violations.

5.4. Common I-9 Compliance Mistakes to Avoid

Failing to Complete Section 2 on Time: Employers must complete Section 2 of Form I-9 within three business days of the employee’s start date.
Accepting Expired Documents: Only unexpired documents from the Lists of Acceptable Documents are valid for I-9 verification.
Requesting Specific Documents: Employers cannot request that employees present specific documents or refuse to accept valid documents from the Lists of Acceptable Documents.
Not Retaining Form I-9: Employers must retain Form I-9 for the required retention period, or they may face penalties.
Incorrectly Completing the Form: Ensure all fields are filled out accurately and legibly.
Discriminating Against Employees: Employers must not discriminate against employees based on their citizenship or immigration status during the I-9 process.

By understanding the key elements of I-9 compliance, implementing best practices, and avoiding common mistakes, employers can ensure they are meeting their legal obligations and maintaining a legally authorized workforce. Prioritizing compliance helps you to avoid penalties, ensures legal hiring, and promotes workforce integrity. If you have more questions, ask our experts on WHAT.EDU.VN and get answers for free.

6. What Is E-Verify and How Does It Relate to Form I-9?

E-Verify is an online system operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It allows employers to electronically verify the employment eligibility of their employees. While Form I-9 is the foundational document for verifying employment eligibility, E-Verify adds an extra layer of assurance. Here’s how E-Verify works and its relationship to Form I-9.

6.1. How E-Verify Works

Enrollment: Employers must first enroll in E-Verify through the DHS website.
Form I-9 Completion: As with all new hires, employers must complete Form I-9.
Submitting Information: After completing Form I-9, the employer enters the employee’s information from the form (such as name, date of birth, and Social Security number) into the E-Verify system.
Verification: E-Verify compares the information against records available to the SSA and DHS.
Results: E-Verify provides a response, typically within seconds, indicating whether the employee’s information matches government records. The response can be one of the following:
- Employment Authorized: The information matches, and the employee is authorized to work in the U.S.
- Tentative Nonconfirmation (TNC): The information does not match. The employee is given an opportunity to contest the mismatch.
- Case in Continuance: The case requires further review by DHS or SSA.
Following Up on TNC: If E-Verify issues a TNC, the employer must notify the employee and provide them with the opportunity to contest the finding. The employee has eight federal government workdays to contact the SSA or DHS to resolve the issue.
Final Results: After the employee has had the opportunity to contest the TNC, E-Verify provides a final result. If the mismatch is resolved, the employee is confirmed as employment-authorized. If the mismatch is not resolved, the employer may be required to terminate the employee’s employment.

6.2. Relationship Between E-Verify and Form I-9

Form I-9 is the Foundation: E-Verify is built upon the information collected in Form I-9. Employers must still complete Form I-9 for all new hires, even if they use E-Verify.
E-Verify Supplements Form I-9: E-Verify is an additional step that employers can take to verify employment eligibility beyond the document verification process required by Form I-9.
Document Verification Still Required: Employers participating in E-Verify must still examine the employee’s documents to ensure they reasonably appear to be genuine and relate to the employee.
E-Verify Does Not Replace Form I-9: E-Verify does not eliminate the requirement to complete and retain Form I-9. Employers must continue to comply with all I-9 requirements, even if they use E-Verify.

6.3. Benefits of Using E-Verify

Reduced Risk of Hiring Unauthorized Workers: E-Verify helps employers verify the employment eligibility of their employees, reducing the risk of hiring unauthorized workers.
Compliance with Federal Regulations: Some federal contractors and employers in certain states are required to use E-Verify.
Improved Accuracy: E-Verify provides an electronic verification process that is more accurate than manual document verification.
Protection Against Penalties: Using E-Verify can provide employers with a defense against potential penalties for hiring unauthorized workers, as long as they follow the proper procedures.

6.4. Drawbacks of Using E-Verify

Not Mandatory for All Employers: E-Verify is not mandatory for all employers, although some states and industries may require it.
Potential for Errors: E-Verify relies on accurate data from government databases, and errors can occur.
Employee Challenges: Employees may face challenges in resolving TNCs, which can lead to delays in employment or even termination.
Cost and Administrative Burden: Implementing and maintaining E-Verify can involve costs and administrative burden for employers.

6.5. Who Is Required to Use E-Verify?

Federal Contractors: Federal contractors and subcontractors with contracts that meet certain requirements are required to use E-Verify.
State Laws: Some states have laws requiring certain employers to use E-Verify. These laws vary by state and may apply to all employers or only to certain industries or employers receiving state contracts.
Voluntary Enrollment: Employers can voluntarily enroll in E-Verify, even if they are not required to do so by federal or state law.

6.6. Best Practices for Using E-Verify

Enroll in E-Verify: If you are required or choose to use E-Verify, enroll through the DHS website.
Train Staff: Provide training to HR staff and managers on the proper procedures for using E-Verify.
Follow E-Verify Procedures: Follow all E-Verify procedures, including completing Form I-9, submitting information to E-Verify, and following up on TNCs.
Notify Employees: Notify employees that you are using E-Verify and explain the process.
Protect Employee Rights: Ensure that you are not discriminating against employees based on their citizenship or immigration status during the E-Verify process.

By understanding how E-Verify works and its relationship to Form I-9, employers can make informed decisions about whether to use E-Verify and how to comply with federal regulations. It supplements I-9, reduces hiring risks, and improves accuracy. Still have questions? Get them answered for free on WHAT.EDU.VN.

7. I-9 Form Instructions: What Employers Need to Know

The Form I-9 comes with detailed instructions provided by the U.S. Citizenship and Immigration Services (USCIS). Employers must understand these instructions to ensure accurate completion and compliance with federal law. Here’s a breakdown of what employers need to know about the I-9 form instructions.

7.1. Availability of Instructions

The instructions for Form I-9 are available on the USCIS website along with the form itself. Employers can download the instructions as a PDF document and should always refer to the latest version.

7.2. Key Topics Covered in the Instructions

The I-9 form instructions cover a wide range of topics, including:

Purpose of Form I-9: An explanation of why the form is used and its legal basis.
Who Must Complete the Form: Details on which employees and employers are required to complete Form I-9.
When to Complete the Form: Information on the deadlines for completing each section of the form.
Acceptable Documents: A comprehensive list of documents that employees can present to prove their identity and employment authorization.
How to Complete Each Section: Step-by-step guidance on how to fill out each section of the form accurately.
Retention Requirements: Information on how long employers must retain completed I-9 forms.
Reverification and Rehire: Instructions on how to handle situations where an employee’s employment authorization needs to be reverified or when an employee is rehired.
Avoiding Discrimination: Guidance on how to avoid discriminating against employees based on their citizenship or immigration status.
Penalties for Non-Compliance: A summary of the potential penalties for failing to comply with I-9 regulations.

7.3. Important Information for Employers

Employers should pay close attention to the following key points in the I-9 form instructions:

Completing Section 2: Employers are responsible for carefully examining the documents presented by employees and recording the document information accurately in Section 2 of the form.
Acceptable Documents: Employers must be familiar with the Lists of Acceptable Documents and ensure that the documents presented by employees appear to be genuine and relate to the employee.
Retention Requirements: Employers must retain Form I-9 for the duration of the employee’s employment and for a specified period after termination (either one year after termination or three years after the date of hire, whichever is later).
Reverification: Employers must reverify an employee’s employment authorization when it expires, as indicated on Form I-9.
Avoiding Discrimination: Employers must not request specific documents from employees or discriminate against them based on their citizenship or immigration status.

7.4. Tips for Understanding the Instructions

Read Carefully: Take the time to read the instructions thoroughly before completing Form I-9.
Refer to the USCIS Handbook for Employers (M-274): This handbook provides detailed guidance on I-9 compliance and can be a valuable resource for employers.
Attend Training: Consider attending training sessions on I-9 compliance to learn best practices and stay up-to-date on the latest regulations.
Consult Legal Counsel: If you have specific questions or concerns about I-9 compliance, consult with an immigration attorney.

7.5. Common Mistakes Related to the Instructions

Not Reading the Instructions: Failing to read the instructions is a common mistake that can lead to errors in completing Form I-9.
Using Old Instructions: Always use the latest version of the instructions, as they may be updated periodically by USCIS.
Misinterpreting the Instructions: Ensure that you understand the instructions correctly and seek clarification if needed.
Ignoring Updates: Stay informed about any changes to the instructions and update your procedures accordingly.

7.6. Benefits of Understanding the Instructions

Compliance with Federal Law: Understanding the instructions helps employers comply with federal law and avoid potential penalties.
Accurate Form Completion: Following the instructions ensures that Form I-9 is completed accurately, reducing the risk of errors.
Reduced Risk of Discrimination: Understanding the instructions helps employers avoid discriminating against employees based on their citizenship or immigration status.
Improved Efficiency: Familiarity with the instructions streamlines the I-9 process and improves efficiency.

By understanding the I-9 form instructions, employers can ensure they are meeting their legal obligations and maintaining a legally authorized workforce. The instructions provide guidance, ensure compliance, and reduce errors. Still have questions? Get them answered for free on what.edu.vn.

8. I-9 Form Retention Requirements: What You Need to Know

Properly retaining Form I-9 is a critical aspect of I-9 compliance. The U.S. government has specific guidelines on how long employers must keep these forms. Failure to comply with these retention requirements can result in penalties. Here’s what you need to know about I-9 form retention.

8.1. Basic Retention Rule

Employers must retain Form I-9 for