The Form I-9: Employment Eligibility Verification Guide for Employers
The Form I-9, officially known as Employment Eligibility Verification, is a crucial document that all U.S. employers must complete for each newly hired and rehired employee. It serves two main purposes:
Verifying the Employee’s Identity – Ensuring the individual is who they claim to be.
Confirming Legal Authorization to Work in the United States – Verifying that the individual is legally allowed to work in the U.S. under federal law.
Completing the Form I-9 accurately and promptly is a mandatory step for employers to stay compliant with U.S. immigration law. The form is essential in preventing unauthorized employment and maintaining a secure and compliant workplace.
Who Must Complete the Form I-9?
All employees hired to work physically within the United States, including full-time, part-time, and temporary employees, must complete the Form I-9. This form must be completed for each new hire, as well as for rehires if they’ve had a break in employment. Even U.S. citizens must complete the I-9 form to verify their eligibility for employment.
How to Complete the Form I-9: Sections Overview
Section 1: Employee Information and Attestation
In this section, employees must provide personal information such as their name, address, date of birth, and citizenship or immigration status. They must complete and sign Section 1 on or before their first day of employment. It’s crucial that this section is filled out accurately, as errors or omissions can lead to compliance issues.Section 2: Employer Review and Verification
Employers are responsible for completing Section 2, which involves verifying the employee’s documentation and identity. Within three business days of the employee's start date, the employer must physically examine and record the documents that the employee provides to prove their identity and employment authorization. Common documents include a U.S. passport, driver's license, and Social Security card. Employers must complete this section accurately to meet federal requirements.
Document Retention and Compliance Requirements
Employers must retain the Form I-9 for either three years after the employee’s hire date or one year after their employment ends, whichever is later. The I-9 forms can be stored on paper, electronically, or in a combination of both. Employers are also responsible for establishing and maintaining an audit trail to verify that records are maintained accurately and that the business remains compliant with U.S. immigration law. Regular internal audits can help identify any potential errors or missing information.
Where to Find Additional Guidance
Employers can refer to the USCIS M-274 Handbook for Employers, which offers detailed instructions and examples to ensure proper completion and retention of the Form I-9. This guide is highly recommended for any business hiring employees in the U.S., as it clarifies common questions and compliance concerns. You can access the M-274 Handbook through the USCIS website here.
Common Mistakes to Avoid
Missing Deadlines: Both Sections 1 and 2 have strict deadlines that must be met to avoid penalties.
Incorrect Document Verification: Ensure that documents presented are valid and meet the criteria listed in the Form I-9 instructions.
Incomplete or Inaccurate Records: Verify that all information is complete and accurate, including signatures and dates.
Staying informed and following best practices for Form I-9 completion is essential for all U.S. employers to ensure compliance, avoid costly fines, and maintain a lawful workforce.