What Is an I-9 Form? Your Comprehensive Guide

The I-9 form verifies an employee’s identity and authorization to work in the U.S., and WHAT.EDU.VN provides clarity on this crucial document. Understanding the I-9 form is vital for both employers and employees to ensure compliance with U.S. law. Explore the intricacies of form completion, acceptable documents, and employer responsibilities with WHAT.EDU.VN’s comprehensive resources covering eligibility verification and employment authorization.

1. What Is the Purpose of Form I-9?

The purpose of Form I-9, Employment Eligibility Verification, is to verify the identity and employment authorization of individuals hired for employment in the United States. Employers must ensure that each new employee completes Section 1 of the form at the time of hire, and the employer must complete Section 2 within three business days of the employee’s start date. This process helps employers comply with immigration laws and ensures that only individuals authorized to work in the U.S. are employed.

1.1 What Does “Employment Authorization” Mean in the Context of Form I-9?

“Employment authorization,” within the context of Form I-9, refers to the legal right of an individual to work in the United States. This authorization can be based on U.S. citizenship, lawful permanent resident status (Green Card holder), or specific permission granted by the Department of Homeland Security (DHS) to work in the U.S. The I-9 form requires employees to attest to their employment authorization and provide documentation to prove it.

1.2 Is Form I-9 a Requirement for All U.S. Employers?

Yes, Form I-9 is a requirement for virtually all U.S. employers. Under the Immigration Reform and Control Act of 1986 (IRCA), employers are required to verify the identity and employment eligibility of all individuals they hire after November 6, 1986. There are very few exceptions to this rule. Failure to comply with I-9 requirements can result in significant fines and penalties.

1.3 What Happens if an Employer Fails to Comply with I-9 Requirements?

If an employer fails to comply with I-9 requirements, they can face civil and criminal penalties. Civil penalties for substantive violations, such as failing to properly complete or retain Form I-9, can range from $252 to $2,507 per form. Knowingly hiring or continuing to employ an unauthorized worker can result in penalties ranging from $674 to $22,927 per unauthorized employee, depending on the number of previous offenses. Criminal penalties can include fines and imprisonment for knowingly engaging in a pattern or practice of hiring unauthorized workers.

2. Who Needs to Complete Form I-9?

Virtually all new employees hired after November 6, 1986, must complete Form I-9. This includes U.S. citizens, lawful permanent residents, and foreign nationals authorized to work in the United States. The employee completes Section 1 of the form, attesting to their employment authorization, and the employer completes Section 2, verifying the employee’s identity and employment eligibility by examining acceptable documents.

2.1 Are There Any Exceptions to the I-9 Requirement?

Yes, there are a few exceptions to the I-9 requirement. These include:

Individuals hired before November 7, 1986, who are continuing their employment.
Independent contractors.
Individuals providing domestic services in a private home on a sporadic, irregular basis.
Employees of a foreign government (diplomats).

2.2 Does Form I-9 Apply to Independent Contractors?

No, Form I-9 does not apply to independent contractors. Employers are only required to complete Form I-9 for employees. The distinction between an employee and an independent contractor is based on factors such as the degree of control the employer has over the worker, the method of payment, and the provision of benefits.

2.3 What About Rehires? Do They Need a New I-9 Form?

Whether a rehire needs a new I-9 form depends on the circumstances. If the employee is rehired within three years of the date of the original I-9, the employer may be able to reverify the employee’s employment eligibility on Supplement B (formerly Section 3) of the original I-9 form. However, a new I-9 is required if:

The employee’s previous I-9 is no longer valid (e.g., the document presented for verification has expired).
The employee is not rehired within three years of the date of the original I-9.
The employer is unsure of the employee’s eligibility to work in the U.S.

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

The I-9 form includes Lists of Acceptable Documents that employees can present to prove their identity and employment authorization. These documents are divided into three lists: List A, List B, and List C. List A documents establish both identity and employment authorization. List B documents establish identity only, and List C documents establish employment authorization only. Employees can present one document from List A or one document from List B and one document from List C.

3.1 What Is List A on Form I-9?

List A on Form I-9 contains documents that establish both identity and employment authorization. Examples of documents from List A include:

U.S. Passport or U.S. Passport Card
Permanent Resident Card (Green Card)
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 yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form.

3.2 What Is List B on Form I-9?

List B on Form I-9 contains documents that establish identity only. Employees presenting a document from List B must also present a document from List C. Examples of documents from List B include:

Driver’s license or ID 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 What Is List C on Form I-9?

List C on Form I-9 contains documents that establish employment authorization only. Employees presenting a document from List C must also present a document from List B. Examples of documents from List C include:

A Social Security Account Number card, unless the card includes one of the following restrictions:
- Not valid for employment
- Valid for work only with INS authorization
- Valid for work only with DHS 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 DHS (other than Form I-766)

3.4 Can an Employee Present a Photocopy of a Document for Form I-9?

Generally, an employee must present original documents for Form I-9 verification. Photocopies are not acceptable, with a few exceptions. For example, a certified copy of a birth certificate is acceptable. Also, under certain circumstances, employers participating in E-Verify may be able to accept a photocopy of an Employment Authorization Document (EAD) if the employee has presented the original document to the employer for verification through E-Verify.

3.5 What if an Employee Does Not Have Any of the Documents Listed on Form I-9?

If an employee does not have any of the documents listed on Form I-9, they should obtain acceptable documents as soon as possible. If the employee is a U.S. citizen, they can apply for a birth certificate or a U.S. passport. If the employee is a lawful permanent resident, they can apply for a replacement Permanent Resident Card (Green Card). If the employee is a foreign national authorized to work in the U.S., they can apply for an Employment Authorization Document (EAD) from the Department of Homeland Security (DHS). In the meantime, the employer should note on the I-9 form that the employee has indicated they will provide the required documents within the time frame allowed (usually within three business days).

4. How to Complete Form I-9

Completing Form I-9 accurately is crucial for both employees and employers. The employee completes Section 1, providing their personal information and attesting to their employment authorization status. The employer completes Section 2, examining the documents presented by the employee and recording the document information. Employers must also retain Form I-9 for the duration of the employee’s employment and for a specified period after termination.

4.1 What Information Does an Employee Need to Provide in Section 1 of Form I-9?

In Section 1 of Form I-9, the employee must provide the following information:

Full name (last, first, and middle initial)
Address
Date of birth
Social Security number (optional, unless the employer participates in E-Verify)
Email address (optional)
Telephone number (optional)
Citizenship or immigration status (U.S. citizen, lawful permanent resident, or alien authorized to work)
If the employee is an alien authorized to work, they must provide their Alien Registration Number/USCIS Number or Form I-94 Admission Number
Signature and date

The employee must also choose one of the following attestations regarding their employment authorization:

A citizen of the United States
A noncitizen national of the United States
A lawful permanent resident
An alien authorized to work

4.2 What Are the Employer’s Responsibilities in Completing Section 2 of Form I-9?

In Section 2 of Form I-9, the employer has the following responsibilities:

Physically examine the documents presented by the employee to determine if they appear to be genuine and relate to the employee.
Record the document title, issuing authority, document number, and expiration date (if any) for the documents presented.
Enter the employee’s first day of employment.
Sign and date Section 2, attesting that the employer has examined the documents and that they appear to be genuine and relate to the employee.
Provide the employer’s name and address.

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.

4.3 Can an Employer Specify Which Documents an Employee Must Present for Form I-9?

No, an employer cannot specify which documents an employee must present for Form I-9. The employee has the right to choose which acceptable documents they want to present from the Lists of Acceptable Documents. Requiring an employee to present a specific document or set of documents could be considered unlawful discrimination.

4.4 What Is the Deadline for Completing Form I-9?

The deadline for completing Form I-9 is as follows:

The employee must complete Section 1 of the form at the time of hire.
The employer must complete Section 2 of the form within three business days of the employee’s first day of employment.

4.5 What Happens if an Employee’s Work Authorization Expires?

If an employee’s work authorization expires, the employer must reverify the employee’s employment eligibility on Supplement B (formerly Section 3) of Form I-9. The employee must present a document that shows either an extension of their expiring employment authorization or a new grant of work authorization. The employer must examine the document, record the document information on Supplement B, and sign and date the section. If the employee fails to provide a valid document showing continued work authorization, the employer may not continue to employ the individual.

5. How Long Should an Employer Retain Form I-9?

An employer must retain Form I-9 for the duration of the employee’s employment and for either three years after the date of hire or one year after the date the employment terminates, 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 Form I-9 until January 1, 2026.

5.1 Can Form I-9 Be Stored Electronically?

Yes, Form I-9 can be stored electronically, provided that the employer complies with certain regulations. The regulations require that the electronic storage system:

Has reasonable controls to ensure the integrity, accuracy, and reliability of the electronic storage system.
Has reasonable controls to prevent and detect the unauthorized or accidental creation of, addition to, alteration of, deletion of, or deterioration of an electronically stored Form I-9.
Includes an inspection and quality assurance program.
Ensures that electronically stored Forms I-9 are readily accessible, including providing a means to locate and retrieve them for inspection by government officials.
Provides a legible paper copy of the electronically stored Form I-9 upon request.

5.2 What Happens to Form I-9 if a Company Is Sold or Merged?

If a company is sold or merged, the new employer is responsible for complying with I-9 requirements for all employees. The new employer can either:

Retain the existing Forms I-9 completed by the previous employer and be liable for any errors or omissions on those forms.
Complete new Forms I-9 for all employees.

5.3 Can Government Officials Inspect Form I-9?

Yes, authorized government officials from the Department of Homeland Security (DHS), the Department of Labor (DOL), and the Department of Justice (DOJ) can inspect Form I-9. Employers must make Forms I-9 available for inspection upon request. The government officials typically provide at least three business days’ notice before conducting an I-9 inspection, but they can conduct unannounced inspections in certain circumstances.

6. What Is E-Verify?

E-Verify is an internet-based system that allows employers to electronically verify the employment eligibility of their employees. E-Verify compares information from an employee’s Form I-9 to records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS). E-Verify is voluntary for most employers, but it is mandatory for certain federal contractors and employers in some states.

6.1 How Does E-Verify Work?

E-Verify works by comparing the information from an employee’s Form I-9 to records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS). The employer enters the employee’s information into the E-Verify system, and the system checks the information against the government databases. E-Verify typically provides a response within seconds, indicating whether the employee’s information matches the records and whether the employee is authorized to work in the U.S.

6.2 What Are the Benefits of Using E-Verify?

The benefits of using E-Verify include:

Helps employers maintain a legal workforce.
Provides an additional tool to verify employment eligibility.
May reduce the risk of hiring unauthorized workers.
Provides access to online training and resources.
May provide a defense against certain types of employer sanctions.

6.3 Are There Any Drawbacks to Using E-Verify?

Yes, there are some potential drawbacks to using E-Verify:

May result in the erroneous rejection of authorized workers (false negatives).
Requires additional time and resources to implement and maintain.
May require employers to comply with additional requirements, such as posting notices and providing employees with the opportunity to contest E-Verify results.

6.4 Is E-Verify Mandatory for All Employers?

No, E-Verify is not mandatory for all employers. It is voluntary for most employers, but it is mandatory for certain federal contractors and employers in some states. Some states have laws requiring employers to use E-Verify, while others have laws prohibiting or restricting its use.

7. Common Mistakes to Avoid When Completing Form I-9

Completing Form I-9 accurately is essential to avoid penalties and ensure compliance with immigration laws. Some common mistakes to avoid include:

Failing to complete Section 1 of the form at the time of hire.
Failing to complete Section 2 of the form within three business days of the employee’s first day of employment.
Accepting documents that do not appear to be genuine or do not relate to the employee.
Failing to record all required document information in Section 2.
Failing to retain Form I-9 for the required period.
Discriminating against employees based on their citizenship or immigration status.

7.1 What Constitutes Discrimination in the I-9 Process?

Discrimination in the I-9 process can occur in several ways, including:

Requesting specific documents from an employee.
Rejecting valid documents presented by an employee.
Treating employees differently based on their citizenship or immigration status.
Terminating an employee because of their citizenship or immigration status.

The Immigration and Nationality Act (INA) prohibits discrimination based on citizenship or immigration status in hiring, firing, and recruitment or referral for a fee.

7.2 What Should an Employer Do if They Suspect an Employee Is Not Authorized to Work?

If an employer suspects that an employee is not authorized to work, they should consult with an attorney or human resources professional to determine the appropriate course of action. The employer should not take any adverse action against the employee based solely on suspicion. The employer may need to reverify the employee’s employment eligibility or take other steps to investigate the situation.

7.3 Can an Employer Correct Errors on Form I-9?

Yes, an employer can correct errors on Form I-9. If an error is discovered, the employer should:

Line through the incorrect information.
Write the correct information next to the incorrect information.
Initial and date the correction.

The employer should not erase or white out the incorrect information.

8. Updates and Changes to Form I-9

Form I-9 is periodically updated by the U.S. Citizenship and Immigration Services (USCIS). Employers should ensure that they are using the most current version of the form. USCIS typically announces changes to Form I-9 on its website and provides guidance on how to comply with the new requirements.

8.1 How Can Employers Stay Up-to-Date on Form I-9 Requirements?

Employers can stay up-to-date on Form I-9 requirements by:

Regularly checking the USCIS website.
Subscribing to USCIS email updates.
Consulting with an attorney or human resources professional.
Attending training sessions on I-9 compliance.

8.2 What Are Some Recent Changes to Form I-9?

Recent changes to Form I-9 may include updates to the Lists of Acceptable Documents, revisions to the form instructions, and changes to the electronic storage regulations. Employers should carefully review any new guidance issued by USCIS to ensure that they are complying with the latest requirements.

8.3 Where Can Employers Find the Most Current Version of Form I-9?

Employers can find the most current version of Form I-9 on the USCIS website. The form can be downloaded for free from the USCIS website. Employers should always use the official version of the form and should not make any unauthorized changes to the form.

9. Form I-9 and Remote Employees

With the increase in remote work, employers need to understand how to complete Form I-9 for remote employees. The traditional requirement that employers physically examine documents presented by employees can be challenging in a remote work environment. However, the Department of Homeland Security (DHS) has provided some flexibility in this area.

9.1 Can Employers Remotely Examine Documents for Form I-9?

Yes, certain employers can remotely examine the employee’s documentation under a DHS-authorized alternative procedure. These employers must be enrolled in E-Verify, be in good standing, and follow all requirements outlined in the alternative procedure guidance. Under this procedure, the employer can designate an authorized representative to examine the employee’s documents on their behalf. The authorized representative can be any person the employer designates, such as a notary public, attorney, or other trusted individual. The employer is responsible for ensuring that the authorized representative properly examines the documents and completes Section 2 of Form I-9.

9.2 What Are the Requirements for Remote Document Examination?

The requirements for remote document examination may vary depending on the specific guidance issued by DHS. Generally, the requirements include:

The employer must be enrolled in E-Verify and be in good standing.
The employer must follow all requirements outlined in the alternative procedure guidance.
The employee must transmit a copy of their documents to the employer.
The employer or authorized representative must examine the documents remotely via video conference or similar technology.
The employer must complete Section 2 of Form I-9, recording the document information and attesting that the documents appear to be genuine and relate to the employee.
The employer must retain copies of the documents for the duration of the employee’s employment and for the required retention period.

9.3 What if Remote Document Examination Is Not Possible?

If remote document examination is not possible, the employer may need to require the employee to physically present their documents to the employer or an authorized representative. This may require the employee to travel to a designated location or to visit a notary public or other trusted individual who can examine the documents on behalf of the employer.

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

Here are some frequently asked questions about Form I-9:

Question	Answer
Do I need to complete Form I-9 if I am a U.S. citizen?	Yes, all new employees, including U.S. citizens, must complete Form I-9 to verify their identity and employment eligibility.
Can I use my Social Security card as proof of identity and work authorization?	A Social Security card is acceptable as a List C document to prove employment authorization, but it cannot be used as a List B document to prove identity. You must present a separate document from List B to establish your identity.
What if I lost my original documents?	If you lost your original documents, you should obtain replacement documents as soon as possible. In the meantime, you may be able to present other acceptable documents from the Lists of Acceptable Documents on Form I-9.
Can my employer refuse to hire me if I don’t have the required documents?	An employer cannot refuse to hire you solely because you do not have the required documents at the time of hire. You have the right to present acceptable documents within three business days of your first day of employment. However, if you fail to provide acceptable documents within that time frame, the employer may not be able to continue your employment.
What if I am a minor (under 18)?	If you are under 18 and unable to present a document from List B, you may be able to present a school record or report card, clinic, doctor, or hospital record, or day-care or nursery school record.
Can my employer require me to provide my Social Security number on Form I-9?	Providing your Social Security number on Form I-9 is generally optional, unless your employer participates in E-Verify. If your employer participates in E-Verify, you must provide your Social Security number.
What if I have a disability that prevents me from completing Form I-9?	If you have a disability that prevents you from completing Form I-9, you may be able to receive assistance from a preparer or translator. The preparer or translator must complete Supplement A, Preparer and/or Translator Certification for Section 1, of Form I-9.
Can my employer ask me about my immigration status during the hiring process?	An employer cannot ask you about your immigration status during the hiring process unless it is directly related to your ability to perform the job. Asking about your immigration status before you have been offered a job could be considered unlawful discrimination.
What should I do if I believe my employer has discriminated against me in the I-9 process?	If you believe your employer has discriminated against you in the I-9 process, you should consult with an attorney or file a complaint with the Department of Justice’s Immigrant and Employee Rights Section (IER).
Where can I get help with Form I-9?	You can get help with Form I-9 from the USCIS website, an attorney, a human resources professional, or a community organization that provides immigration assistance. You can also ask your questions on WHAT.EDU.VN and receive free answers.

Navigating the complexities of Form I-9 can be challenging, but understanding the requirements and avoiding common mistakes is crucial for both employers and employees. WHAT.EDU.VN offers a wealth of resources and expert answers to your questions, ensuring you stay compliant and informed.

Do you have more questions about Form I-9 or other employment-related topics? Don’t hesitate to ask on WHAT.EDU.VN and get free answers from our community of experts. We’re here to help you navigate the world of work with confidence. Contact us at 888 Question City Plaza, Seattle, WA 98101, United States, Whatsapp: +1 (206) 555-7890, or visit our website at what.edu.vn.