Form I-9: FAQs

What is Form I-9

Form I-9 or 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. 

Who should fill out Form I-9? 

New hires and employers are required to complete a Form I-9 before being authorized to work. Each new employee must provide identification and documentation proving their eligibility for employment. Additionally, employers are responsible for reviewing and certifying the authenticity of these documents. New employees should complete and submit their form, along with any necessary documentation, on their first day of work. 

How Do Employers Handle Form I-9? 

Employers are required to complete and sign Section 2 of the Form I-9 within three business days following the new hire’s first day of work, after the employees have submitted it. By law, employers must inspect the provided document(s) to ensure that they meet the form’s requirements and are valid. 

Are Employees Required to Complete a New Form I-9 Every Year? 

Employees are not required to complete a new I-9 form every year. Only those employees whose employment authorization document(s) have expired must reverify their form. This re-verification should be conducted no later than the expiration date of the work authorization. 

Does Form I-9 have an expiration date? 

Although these forms do not have official expiration dates, employers are required to retain Form I-9 for a minimum of three years from the hire date or for one year after the employee has departed from the company (whichever is later). 

What are the implications of submitting false information on Form I-9? 

Providing false information on a Form I-9 is both a civil and a criminal offense. Employers who submit incorrect information may encounter the following penalties: 

• Fines or monetary penalties 

• Court orders 

• Disqualification from government contracts 

What is the punishment for not maintaining a Form I-9? 

Employees who fail to submit their Form I-9 may be terminated. Employers who do not provide a Form I-9 may incur fines between $230 & $2,292. Those that hire and continue to employ individuals who have not completed the form face fines ranging from $573 to $20,130 per violation. 

Is it possible to store Form I-9 electronically? 

To ensure Form I-9 is accessible for review by government personnel, it can be stored electronically or submitted via E-Verify. E-Verify is an online system that allows enrolled employers to confirm the identity and employment eligibility of prospective employees. It electronically matches the information on Form I-9 with records maintained by the Social Security Administration and the Department of Homeland Security (DHS). 

Employers must guarantee that these forms are electronically available for inspection by government officials within three business days from the date the forms were initially requested. 

Can E-Verify be completed without a Social Security Number? 

Without an employee’s Social Security Number, employers are unable to utilize E-Verify. The employer must note this on the Form I-9 and set it aside if the employee has applied for but has not yet received their Social Security Number. The employee should be permitted to work during this time. The employer can initiate the E-Verify process once the SSN becomes available.