What Is Form I-9? Your Guide To Employment Eligibility Verification

Form I-9, also known as the Employment Eligibility Verification form, is a crucial document used in the United States to verify the identity and employment authorization of individuals hired for employment. At WHAT.EDU.VN, we understand that navigating employment paperwork can be confusing, and we’re here to simplify the process. This comprehensive guide explains everything you need to know about Form I-9, ensuring you understand your obligations as an employee or employer. Ready to unravel the I-9 mysteries and ensure compliance? This is your go-to source for clear answers.

1. What Is The Purpose Of Form I-9?

The main goal of Form I-9 is to document verification of the identity and employment authorization of each person hired in the U.S. This form ensures that employers hire only individuals who are legally authorized to work in the United States, whether they are citizens or non-citizens with valid work authorization. According to U.S. Citizenship and Immigration Services (USCIS), Form I-9 helps to prevent unauthorized employment and maintain legal compliance.

2. Who Needs To Complete Form I-9?

Almost every new employee hired in the United States must complete Form I-9. Both the employee and the employer have specific responsibilities in this process.

2.1 Employee Responsibilities:

Fill out Section 1 of Form I-9 upon being hired.
Attest to being a U.S. citizen, a noncitizen national, a lawful permanent resident, or an alien authorized to work in the United States.
Present original documents that establish identity and employment authorization.

2.2 Employer Responsibilities:

Ensure the employee completes Section 1 of Form I-9.
Examine the documents presented by the employee to determine if they reasonably appear to be genuine and relate to the employee.
Complete Section 2 of Form I-9, recording the document information.
Retain Form I-9 for the duration of the employee’s employment and for a specified period after termination.
Make Forms I-9 available for inspection by authorized government officers.

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

Employees must provide documentation to prove their identity and employment authorization. These documents are divided into three lists: List A, List B, and List C.

List A: Documents that establish both identity and employment authorization.
List B: Documents that establish identity only.
List C: Documents that establish employment authorization only.

An employee can present one document from List A, or one document from List B and one document from List C. Examples include:

3.1 List A Documents (Identity and Employment Authorization):

U.S. Passport or U.S. Passport Card
Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
Employment Authorization Document issued by DHS (Form I-766)
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:
- Foreign passport
- Form I-94 or Form I-94A bearing the same name as the passport and containing 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.
Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI)

3.2 List B Documents (Identity):

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 List C Documents (Employment Authorization):

A Social Security account number card other than one that specifies on its face that it is not valid for employment
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 ID 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

An example of a completed Form I-9, showcasing the fields for employee information and document verification.

4. How To Fill Out Form I-9 As An Employee?

Completing Form I-9 correctly is essential to avoid potential issues with your employment eligibility. Here’s a step-by-step guide:

Step 1: Download the Form: Obtain the latest version of Form I-9 from the USCIS website or your employer.

Step 2: Section 1 – Employee Information and Attestation:

Name: Enter your full legal name (Last, First, Middle Initial).
Address: Provide your current address.
Date of Birth: Enter your date of birth in the MM/DD/YYYY format.
Social Security Number (Optional): You can provide your Social Security number, but it’s not mandatory unless your employer participates in E-Verify.
Email Address and Telephone Number (Optional): Provide your contact information.
Citizenship/Immigration Status: Select one of the following options:
- A citizen of the United States
- A noncitizen national of the United States
- A lawful permanent resident
- An alien authorized to work
Alien Registration Number/USCIS Number (If applicable): If you selected “A lawful permanent resident” or “An alien authorized to work,” enter your Alien Registration Number or USCIS Number.
Admission Number (If applicable): If you are an alien authorized to work, enter your admission number from Form I-94.
Date of Admission (If applicable): Enter the date you were admitted to the U.S.
Signature and Date: Sign and date the form.

Step 3: Preparer and/or Translator Certification (If applicable): If someone helped you complete the form, they must complete Supplement A, Preparer and/or Translator Certification for Section 1.

Important Considerations:

Use black ink.
Answer all questions accurately and completely.
Do not leave any fields blank unless they are marked as optional.
If you make a mistake, correct it neatly and initial the correction.

5. How To Fill Out Form I-9 As An Employer?

As an employer, you have specific responsibilities to ensure Form I-9 is completed correctly and retained appropriately.

Step 1: Ensure Employee Completes Section 1: Make sure the employee fills out Section 1 of Form I-9 correctly and completely.

Step 2: Examine Documents:

Examine the original documents presented by the employee.
Ensure the documents reasonably appear to be genuine and relate to the employee.

Step 3: Section 2 – Employer Review and Verification:

Employee Information from Section 1: Transfer the employee’s information from Section 1 to Section 2.
Document Information: Record the following information from the documents presented by the employee:
- Document Title
- Issuing Authority
- Document Number
- Expiration Date (if any)
List A or List B & C: Indicate whether the document(s) are from List A or from List B and List C.
First Day of Employment: Enter the employee’s first day of employment.
Signature and Date: Sign and date the form, attesting that you have examined the documents and they appear to be genuine and relate to the employee.
Employer Information: Provide your company name, address, and EIN.

Step 4: Retention and Storage:

Retain Form I-9 for the duration of the employee’s employment.
After the employee leaves, retain Form I-9 for either three years from the date of hire or one year from the date employment ends, whichever is later.
Store Forms I-9 securely, either electronically or in paper format.

Step 5: Inspection: Make Forms I-9 available for inspection by authorized government officers from agencies such as DHS, ICE, and DOL.

A comprehensive list of acceptable documents for Form I-9, categorized into List A, List B, and List C.

6. What Are Common Mistakes To Avoid On Form I-9?

Avoiding common errors on Form I-9 is crucial for compliance. Here are some frequent mistakes to watch out for:

6.1 Employee Mistakes:

Leaving Fields Blank: Ensure all required fields in Section 1 are completed.
Incorrect Name or Address: Double-check that the name and address match official records.
Not Selecting Citizenship Status: Choose the correct citizenship or immigration status.
Forgetting to Sign and Date: Sign and date Section 1.

6.2 Employer Mistakes:

Failing to Complete Section 2: Ensure Section 2 is completed accurately and timely.
Accepting Unacceptable Documents: Only accept original documents from the Lists of Acceptable Documents.
Not Recording Document Information: Record all required information from the documents presented by the employee.
Failing to Retain Form I-9: Retain Form I-9 for the required retention period.
Not Making Forms Available for Inspection: Ensure Forms I-9 are available for inspection by authorized government officers.
Discrimination: Do not request specific documents or treat employees differently based on their citizenship status or national origin.

7. What Is The I-9 Centralized Management System (ICMS)?

The I-9 Centralized Management System (ICMS) is a system used by U.S. Immigration and Customs Enforcement (ICE) to manage and process Form I-9 data. While employers do not directly interact with ICMS, they should be aware of its existence and how it impacts their compliance responsibilities.

7.1 Key Aspects of ICMS:

Data Storage: ICMS stores Form I-9 data collected during audits and investigations.
Data Analysis: ICE uses ICMS to analyze Form I-9 data to identify patterns of noncompliance and potential violations of immigration law.
Enforcement: ICMS supports ICE’s enforcement efforts by providing a centralized database of Form I-9 information.

8. What Are The Penalties For I-9 Violations?

Non-compliance with Form I-9 requirements can result in significant penalties for employers. These penalties can range from fines to criminal charges, depending on the severity and nature of the violation.

8.1 Civil Penalties:

Paperwork Violations: Fines for failing to properly complete, retain, and make Forms I-9 available for inspection. These fines can range from $252 to $2,507 per form, depending on the nature and severity of the violation.
Hiring Unauthorized Workers: Fines for knowingly hiring or continuing to employ individuals who are not authorized to work in the United States. These fines can range from $653 to $21,563 per unauthorized employee, depending on the number of previous offenses.

8.2 Criminal Penalties:

Pattern or Practice of Hiring Unauthorized Workers: Employers who engage in a pattern or practice of knowingly hiring unauthorized workers can face criminal charges, including fines and imprisonment.
Document Fraud: Employers and employees who present false documents or make false statements on Form I-9 can face criminal charges for document fraud.

9. What Is E-Verify And How Does It Relate To Form I-9?

E-Verify is an internet-based system that allows employers to electronically verify the employment eligibility of their employees. While Form I-9 is a mandatory paper form, E-Verify is an optional program that employers can use to confirm the information provided on Form I-9.

9.1 Key Aspects of E-Verify:

Electronic Verification: E-Verify compares the information provided by the employee on Form I-9 with records available to the Social Security Administration (SSA) and DHS.
Voluntary Program: While E-Verify is generally voluntary, some employers are required to use it, such as federal contractors and employers in certain states.
Additional Verification: E-Verify provides an additional layer of verification beyond Form I-9, helping employers ensure they are hiring only authorized workers.

9.2 How E-Verify Works:

Employee Completes Form I-9: The employee completes Section 1 of Form I-9.
Employer Enters Information into E-Verify: The employer enters the employee’s information from Form I-9 into the E-Verify system.
Verification Process: E-Verify compares the information with SSA and DHS records.
Results: E-Verify provides a response, typically within seconds, indicating whether the employee’s information matches government records.
- Employment Authorized: If the information matches, the employee is authorized to work.
- Tentative Nonconfirmation (TNC): If the information does not match, E-Verify issues a TNC, and the employee has the opportunity to contest the finding.
Final Verification: The employer follows up to resolve any discrepancies and ensures the employee’s work authorization is verified.

10. What Are The Latest Updates To Form I-9?

Form I-9 is periodically updated to reflect changes in immigration laws and regulations. It’s crucial to use the latest version of the form to ensure compliance.

10.1 Key Updates:

Revision Dates: Check the revision date on the form to ensure you are using the most current version.
Changes to Lists of Acceptable Documents: The lists of acceptable documents may be updated to reflect changes in government-issued identification and employment authorization documents.
Guidance on Remote Document Examination: DHS has issued guidance on alternative procedures for remotely examining employee documents, allowing certain employers to conduct virtual verifications under specific conditions.

11. What Is Remote Document Examination For Form I-9?

Remote document examination refers to the process of verifying Form I-9 documents remotely, rather than requiring physical, in-person inspection. Due to the COVID-19 pandemic and evolving business practices, DHS has provided some flexibility for employers to conduct remote document examination under certain conditions.

11.1 Key Aspects of Remote Document Examination:

Flexibility: Allows employers to examine documents remotely, which can be particularly useful for remote hires or geographically dispersed workforces.
Authorized Alternative Procedure: Certain employers who are enrolled in E-Verify and meet specific requirements may be eligible to use a DHS-authorized alternative procedure for remote document examination.
Requirements: Employers must follow specific guidelines and procedures when conducting remote document examination, including obtaining and retaining copies of the documents, conducting a live video interaction with the employee, and ensuring the documents appear to be genuine.

11.2 Steps for Remote Document Examination:

Enroll in E-Verify: Ensure your company is enrolled in E-Verify, if required or desired.
Follow DHS Guidelines: Review and adhere to the latest DHS guidance on alternative procedures for remote document examination.
Obtain Copies of Documents: Obtain copies of the employee’s documents electronically or via mail.
Conduct Live Video Interaction: Conduct a live video interaction with the employee to examine the documents and ensure they appear to be genuine.
Record Document Information: Record the document information in Section 2 of Form I-9.
Check the Box: If you remotely examined the employee’s documentation under a DHS-authorized alternative procedure, check the box in Section 2 to indicate you did so.
Retain Documentation: Retain copies of the documents and any records related to the remote examination process.

12. What Resources Are Available For Form I-9 Assistance?

Numerous resources are available to help employees and employers navigate Form I-9 requirements and ensure compliance.

12.1 USCIS Website:

The USCIS website provides access to the latest version of Form I-9, instructions, and guidance on completing the form.
USCIS offers a range of resources, including FAQs, webinars, and tutorials, to help employers and employees understand their Form I-9 responsibilities.

12.2 DHS Resources:

DHS provides information on E-Verify, remote document examination, and other Form I-9-related topics.
DHS offers guidance on complying with immigration laws and regulations, including Form I-9 requirements.

12.3 Legal Counsel:

Consulting with an immigration attorney can help employers and employees understand their rights and obligations under immigration law.
An attorney can provide guidance on complex Form I-9 issues and represent employers in the event of an audit or investigation.

12.4 HR Professionals:

Human resources professionals can provide assistance with Form I-9 compliance and ensure that employers are following best practices.
HR professionals can help employers develop policies and procedures for completing, retaining, and making Forms I-9 available for inspection.

13. What Is The Significance Of The Employee’s Signature On Form I-9?

The employee’s signature on Form I-9 is a critical component of the verification process, serving as a legally binding attestation to the accuracy and truthfulness of the information provided. It signifies that the employee has reviewed and confirmed the details in Section 1, affirming their eligibility to work in the United States.

13.1 Legal Attestation:

The signature serves as a formal declaration by the employee that they are either a U.S. citizen, a noncitizen national, a lawful permanent resident, or an alien authorized to work in the U.S.
It acknowledges their understanding of the legal implications of the information provided, including potential penalties for misrepresentation or fraud.

13.2 Verification of Identity and Employment Authorization:

The signature validates that the documents presented by the employee are genuine and relate to them, supporting their claim of identity and authorization to work.
It serves as a checkpoint, ensuring that the employee has carefully reviewed the data and confirms its accuracy before proceeding with the verification process.

13.3 Employer’s Reliance:

Employers rely on the employee’s signature as evidence that they have met their obligation to verify the employee’s eligibility to work.
It provides a basis for the employer to proceed with the employment relationship, confident that they have taken reasonable steps to comply with immigration laws.

13.4 Consequences of False Attestation:

Employees who provide false information or misrepresent their eligibility to work may face severe consequences, including civil penalties, criminal charges, and deportation.
The signature serves as a reminder of these potential ramifications, encouraging employees to be truthful and accurate in their responses.

14. How Does Form I-9 Address Discrimination Concerns?

Form I-9 explicitly prohibits discrimination based on citizenship status or national origin, ensuring that all employees are treated fairly and equitably throughout the verification process.

14.1 Non-Discrimination Provision:

The form includes a clear statement prohibiting employers from requesting specific documents or treating employees differently based on their citizenship status or national origin.
It emphasizes that employers must accept any valid document from the Lists of Acceptable Documents, regardless of the employee’s citizenship status.

14.2 Equal Treatment:

Employers must apply the same standards and procedures to all employees, regardless of their citizenship status or national origin.
They cannot demand additional documents or impose stricter requirements on certain employees based on their perceived or actual citizenship status.

14.3 Legal Compliance:

Compliance with Form I-9 requirements helps employers avoid potential discrimination claims and legal liabilities.
By adhering to the non-discrimination provision, employers demonstrate their commitment to fair and equitable employment practices.

14.4 Training and Education:

Employers should provide training and education to HR professionals and managers on Form I-9 requirements and the importance of non-discrimination.
This ensures that employees are aware of their rights and that employers are following best practices to prevent discrimination.

15. How Is Form I-9 Used In The Context Of Mergers And Acquisitions?

In the context of mergers and acquisitions (M&A), Form I-9 plays a critical role in ensuring that the acquiring company properly verifies the employment eligibility of the employees it inherits from the acquired company.

15.1 Due Diligence:

During the due diligence phase of an M&A transaction, the acquiring company should review the acquired company’s Form I-9 records to assess compliance with immigration laws.
This includes verifying that Forms I-9 are properly completed, retained, and made available for inspection.

15.2 Transition and Integration:

After the transaction closes, the acquiring company must decide whether to treat the acquired company’s employees as new hires for Form I-9 purposes.
In general, if the acquired company’s employees continue their employment with the acquiring company without interruption, the acquiring company does not need to complete new Forms I-9 for those employees.

15.3 Policy Harmonization:

The acquiring company should harmonize its Form I-9 policies and procedures with those of the acquired company to ensure consistency and compliance.
This includes providing training to HR professionals and managers on the acquiring company’s Form I-9 requirements.

15.4 Legal Advice:

Consulting with an immigration attorney can help the acquiring company navigate the complex Form I-9 issues that may arise in the context of an M&A transaction.
An attorney can provide guidance on compliance requirements and represent the acquiring company in the event of an audit or investigation.

16. What Happens If An Employee’s Work Authorization Expires?

When an employee’s work authorization expires, employers must take steps to reverify their employment eligibility using Supplement B, Reverification and Rehire (formerly Section 3) of Form I-9.

16.1 Reverification Requirement:

Employers must reverify an employee’s employment eligibility before their work authorization expires.
This involves examining a new document or an extension of the employee’s existing document to ensure they continue to be authorized to work in the United States.

16.2 Acceptable Documents for Reverification:

Employees can present any document from List A or List C of Form I-9 to reverify their employment eligibility.
The document must be unexpired and establish the employee’s continued authorization to work in the U.S.

16.3 Completing Supplement B, Reverification and Rehire (formerly Section 3):

Employers must complete Supplement B, Reverification and Rehire (formerly Section 3) of Form I-9 to record the information from the employee’s new document.
This includes the document title, issuing authority, document number, and expiration date (if any).

16.4 Termination of Employment:

If an employee fails to provide a valid document establishing their continued authorization to work, the employer may be required to terminate their employment.
Employers should consult with an attorney before taking any adverse action against an employee based on their work authorization status.

17. How Can Employers Ensure Compliance During Government Audits?

Employers must be prepared for government audits of their Form I-9 records and take steps to ensure compliance with immigration laws.

17.1 Internal Audits:

Conduct regular internal audits of Form I-9 records to identify and correct any errors or deficiencies.
This can help employers catch mistakes before they are discovered during a government audit.

17.2 Training and Education:

Provide training and education to HR professionals and managers on Form I-9 requirements and best practices.
This ensures that employees are aware of their responsibilities and that employers are following proper procedures.

17.3 Recordkeeping:

Maintain accurate and complete records of all Forms I-9, including copies of documents presented by employees.
Store Forms I-9 securely and make them available for inspection by authorized government officers.

17.4 Legal Counsel:

Consult with an immigration attorney to prepare for government audits and respond to any inquiries from government agencies.
An attorney can provide guidance on compliance requirements and represent employers in the event of an audit or investigation.

18. What Role Do Translators Or Preparers Play In Form I-9 Completion?

Translators and preparers may assist employees in completing Section 1 of Form I-9, but they must also complete Supplement A, Preparer and/or Translator Certification for Section 1 to certify their role in the process.

18.1 Assistance to Employees:

Translators can help employees understand the questions on Form I-9 and provide accurate responses.
Preparers can assist employees in completing the form and ensuring that all required fields are filled out correctly.

18.2 Certification Requirement:

If a translator or preparer assists an employee in completing Section 1 of Form I-9, they must complete Supplement A, Preparer and/or Translator Certification for Section 1.
This certification requires the translator or preparer to provide their name, address, and signature, attesting that they assisted the employee in completing the form.

18.3 Employer Responsibility:

Employers must ensure that translators and preparers complete Supplement A, Preparer and/or Translator Certification for Section 1 if they assist employees in completing Section 1 of Form I-9.
This helps ensure that the form is completed accurately and that all parties involved in the process are accountable for their actions.

19. How Does Form I-9 Address Issues Of Document Abuse?

Form I-9 includes provisions to address issues of document abuse, such as the presentation of false or fraudulent documents, and provides guidelines for employers to prevent and detect such abuse.

19.1 Examination of Documents:

Employers are required to examine the documents presented by employees to determine if they reasonably appear to be genuine and relate to the employee.
This helps prevent the acceptance of false or fraudulent documents.

19.2 Reporting Suspected Abuse:

Employers are encouraged to report suspected document abuse to the appropriate government agencies, such as ICE or DHS.
This helps ensure that individuals who present false documents are held accountable for their actions.

19.3 Training and Education:

Employers should provide training and education to HR professionals and managers on how to detect document abuse and what steps to take if they suspect a document is false or fraudulent.
This helps ensure that employers are equipped to prevent and detect document abuse.

19.4 Legal Compliance:

Compliance with Form I-9 requirements helps employers avoid potential legal liabilities related to document abuse.
By following proper procedures and reporting suspected abuse, employers demonstrate their commitment to complying with immigration laws.

20. Can Form I-9 Be Completed And Stored Electronically?

Yes, Form I-9 can be completed and stored electronically, provided that employers comply with certain DHS regulations and requirements.

20.1 DHS Regulations:

DHS regulations allow employers to complete and store Form I-9 electronically, as long as they meet certain standards for electronic signature, storage, and security.
These standards are designed to ensure the integrity and security of Form I-9 data.

20.2 Electronic Signature:

Employers must use an electronic signature system that complies with DHS regulations, ensuring that the signature is legally binding and verifiable.
The electronic signature must be unique to the individual signing the form and must be securely linked to the document.

20.3 Storage and Security:

Employers must store Forms I-9 electronically in a secure and accessible manner, protecting the data from unauthorized access, modification, or destruction.
The electronic storage system must comply with DHS regulations and industry best practices for data security.

20.4 Audit Trail:

Employers must maintain an audit trail of all actions taken on Form I-9, including creation, modification, and deletion, to ensure accountability and transparency.
The audit trail must be securely stored and accessible for review by authorized government officers.

Navigating Form I-9 requirements can be complex, but understanding its purpose, procedures, and updates is essential for both employees and employers. With the right knowledge and resources, you can ensure compliance and avoid potential penalties.

Do you still have questions about Form I-9 or other employment-related topics? Visit what.edu.vn today to ask your questions and receive free answers from our community of experts. Our platform is designed to provide you with quick, accurate, and helpful information to address all your queries. Don’t hesitate—reach out to us at 888 Question City Plaza, Seattle, WA 98101, United States, or contact us via Whatsapp at +1 (206) 555-7890. We’re here to help simplify your understanding of complex issues, making information accessible and easy to understand.