Form I-9: Everything You Need To Know

Form I-9: Employment Eligibility Verification is a document mandated by the U.S. Citizenship and Immigration Services (USCIS). It serves as proof that an employee is authorized to work in the United States. It is essential to establish the identity and eligibility of workers in the U.S. Form I-9 is filled out by the employee and must be supported by accompanying documents that the employer validates. Employers who fail to adhere to I-9 procedures may incur fines and penalties. 

 

KEY POINTS 

• Form I-9 is utilized by U.S. companies when hiring personnel to confirm work eligibility. 

• Employers have a legal obligation to authenticate an individual’s identity and work authorization in the U.S. 

• Employers may incur fines and penalties if they knowingly hire unauthorized workers or do not furnish Form I-9 for inspection by immigration officials. 

• Completion and consideration of Form I-9 by employers should only occur after extending a job offer, preventing discrimination based on immigration status. 

 

Who Can Complete Form I-9? 

As previously mentioned, the employee is tasked with filling out Form I-9, while the employer is responsible for documenting and verifying the supporting documents that confirm the employee’s identity and work eligibility. 

  

Individuals have the option to fill out a physical copy of the form, or they can electronically complete and sign it by downloading it from the USCIS website. A link to the form is included below. 

  

The form should be retained by the employer and not submitted to U.S. Citizenship and Immigration Services. Employers are required to keep a copy of the form for three years after hiring an employee or for one year after their termination, whichever is later. The form must be readily available for inspection by officials from Homeland Security, the U.S. Department of Labor (DOL), or the Department of Justice upon request. 

  

Individuals who are under 18 years old may present a school record, report card, medical record, or daycare/nursery school record if they are unable to provide a document from List B. 

 

Filing Form I-9: 

Form I-9 is structured in two parts. The employee is required to complete Section 1, serving as the employee’s affirmation, by the first day of employment. In this section, the employee provides the following information: 

  

• Personal information such as name, address, email address, and phone number 

• Date of birth 

• Social Security number (SSN) 

• Resident status (citizen, noncitizen national, permanent resident, or noncitizen) 

 

The employee must then sign and date the form. 

  

Section 2 mandates documentation from the employee for verification by the employer. Employees must present either one document from List A (validating identity and employment eligibility) or one document each from List B (validating identity) and List C (validating employment eligibility). The table below outlines the acceptable documents for each list. 

  

Supplement A on Page 3 of Form I-9 should be filled out by an individual who assists in completing or translating Section 1 for the employee. Supplement B on Page 4 is utilized when an employer rehires an employee within three years of the original Form I-9 completion or in case of a legal name change for the employee. 

  

Employees typically need to fill out Form I-9 only once unless they are rehired or undergo a legal name change, with appropriate documentation as proof. 

 

Penalties for Non-Compliance: 

Employers who fail to adhere to I-9 regulations may face penalties. Fines are imposed when employers: 

• Knowingly hire and continue to employ unauthorized workers 

• Fail to complete Form I-9 

• Engage in document fraud 

• Are unable to present documents for inspection 

 

Penalties may escalate for subsequent violations. 

 

Technical violations of I-9 requirements do not result in immediate penalties. Employers are informed of the violations and provided with 10 business days to rectify the errors. 

 

Examples of technical violations include: 

• Failure of the employee to date the form at the start of employment 

• Omission of the date that employment begins 

• Failure to date the employer section of the form within three business days of the employment start date 

• Omission of the date of rehiring an employee in the rehiring section of the form 

• Failure to include the employer’s business title, name, or address 

 

An employer demonstrating good faith compliance possesses a rebuttable defense against any penalties the government seeks to impose. Subsequently, it falls on the government to demonstrate that the employer did not act in good faith. 

 

Special Considerations When Filing Form I-9: 

Employers must refrain from considering national origin, citizenship, or immigration status when making hiring, firing, or recruitment decisions. Utilizing this information in employment determinations is discriminatory. 

 

This implies that an employer should not use Form I-9 as a prerequisite for extending a job offer, as suspecting someone of ineligibility and refraining from offering employment based on that suspicion can be discriminatory. Form I-9 should be completed only after a job offer has been made. 

 

While E-Verify, an online tool for quickly verifying eligibility to work in the United States, has not replaced Form I-9, employers may choose to use it voluntarily. However, completing, retaining, and storing Form I-9 for each new employee remains mandatory, even if E-Verify is utilized. 

 

When Must Form I-9 Be Completed? 

Form I-9 should be completed and submitted to the employer no later than the first day of employment. Employers are mandated to retain the form for three years after the employee is hired or for one year following termination. It must be provided upon request by officials from Homeland Security, the Department of Labor, or the Department of Justice. 

Violation Example: 

In February 2015, a temporary staffing firm received a $226,270 penalty for falsely asserting that it had verified work eligibility for 242 employees it hired. Despite signing Form I-9 under penalty of perjury, confirming the accuracy of the information, the firm had not physically inspected the documents, instead relying solely on photocopies. 

Distinguishing Form I-9 and E-Verify: 

Form I-9 and E-Verify are distinct. E-Verify is an electronic system that cross-references an employee’s Form I-9 with data from Homeland Security and the Social Security Administration (SSA) to confirm employment eligibility. Therefore, E-Verify does not substitute Form I-9, which employers are obligated to collect and retain. 

 

The Bottom Line 

The Immigration Reform and Control Act was passed in 1986 to legalize approximately 2.7 million undocumented immigrants while aiming to discourage future undocumented immigration. Form I-9 was established to mandate newly hired employees to demonstrate eligibility to work in the U.S. This requirement remains in effect today. Therefore, employers must accurately complete Form I-9 whenever hiring a new employee or for a specific duration after the employee’s departure. The form must be retained and provided upon request by a government agency.