Form I-9 or I-9 Form

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What is Form I-9 or I-9 form?

Form I-9, also known as the Employment Eligibility Verification Form, is a U.S. government form that is used to verify the identity and employment eligibility of individuals hired for employment in the United States. The form is used to verify that the employee is authorized to work in the United States, and must be completed by both the employee and the employer.

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Image showing the meaning of Form I-9

The form requires the employee to provide documentation such as a passport, driver’s license, or birth certificate, as well as information about their work authorization. The employer is then required to review and verify the employee’s documentation and record the information on the form.

Form I-9 must be kept on file by the employer for a certain period of time and is subject to government audits. The form is an important tool for employers to comply with immigration laws and regulations, and to prevent the hiring of unauthorized workers. HBR’s employment eligibility research

Why is it essential to use form i-9 or i-9 form?

Form I-9, also known as the Employment Eligibility Verification Form, is essential to use in the United States because it helps employers to comply with immigration laws and regulations, and to prevent the hiring of unauthorized workers.

  1. Compliance: It is mandatory for employers to complete and retain Form I-9 for all employees, regardless of citizenship or national origin, as required by the Immigration Reform and Control Act (IRCA) of 1986.
  2. Employment Eligibility Verification: The form is used to verify the identity and employment eligibility of individuals hired for employment in the United States. It helps employers to ensure that they are not hiring unauthorized workers.
  3. Government Audits: Employers are required to keep the form on file for a certain period of time, and it is subject to government audits. This helps to ensure that employers are in compliance with immigration laws and regulations.
  4. Protects Employers from Penalties: Completing and retaining the form protects the employer from penalties for hiring unauthorized workers.
  5. Maintaining a Legal Workforce: Using the form helps employers to maintain a legal workforce and avoid penalties for hiring unauthorized workers.

What are the components of form i-9 or i-9 form?

Form I-9, also known as the Employment Eligibility Verification Form, contains several components that provide information about the employee’s identity and employment eligibility. SHRM’s Form I-9 compliance guidance

  1. Employee Information and Attestation: The form requires employees to provide personal information such as their full name, address, and birthdate. The employee must also attest to their employment eligibility by providing their signature and date.
  2. Employer or Authorized Representative Review and Verification: The employer or their authorized representative must review the employee’s documentation of their identity and employment eligibility and record the information on the form. They must also provide their own signature and date.
  3. List of Acceptable Documents: The form includes a list of documents that employees may provide to prove their identity and employment eligibility. The list is divided into List A (documents that establish both identity and employment eligibility) and List B & C (documents that establish identity and documents that establish employment eligibility)
  4. Form I-9 is available in Two Versions: Paper and Electronic. The paper version is available in English and Spanish, while the electronic version is only in English.
  5. It’s important to note that the form should be updated if the employee’s work authorization expires or if there are any changes in the employee’s personal information.

Accurate, timely Form I-9 completion and proper record retention is a foundational US employment compliance requirement for every new hire. Using objective assessments and a structured hiring plan drives improvement, helping organizations attract and retain top talent.

Frequently asked questions

Form I-9 (Employment Eligibility Verification) is a US Citizenship and Immigration Services (USCIS) form that all US employers must complete for every person they hire to work in the United States : including citizens and non-citizens. It verifies the identity and employment authorization of individuals hired for employment in the US.

Employers must complete I-9 for all employees hired after November 6, 1986, including US citizens and nationals. The form is not required for: independent contractors (though misclassification risk still applies), employees hired before November 6, 1986 who have been continuously employed, employees providing services outside the US, and employees who are unpaid volunteers. Most employers complete I-9 for everyone to avoid selective enforcement issues.

Section 1 (Employee): completed by the employee on or before the first day of employment : name, address, date of birth, citizenship/immigration status, and attestation. Section 2 (Employer): completed by the employer within 3 business days of the employee’s first day : the employer reviews original identity and work authorization documents and records document details. Section 3 (Reverification): completed when the employee’s authorization expires or when reverifying a rehire.

List A documents establish both identity and employment authorization (one document suffices) : e.g., US passport, Permanent Resident Card, Employment Authorization Document. List B documents establish identity only : e.g., driver’s license, state ID. List C documents establish employment authorization only : e.g., Social Security card, birth certificate. Employees may present one List A document OR one List B plus one List C document. Employers cannot demand specific documents or more documents than required.

Retention requirement: keep for 3 years from the date of hire OR 1 year after the date employment ends, whichever is later. I-9 forms must be stored separately from personnel files (to protect privacy of immigration status information). They must be available for inspection by ICE, DOL, or OSC within 3 business days of notice. Best practice: maintain a separate I-9 binder or electronic system with automated expiration alerts.

Penalties range: paperwork violations (technical errors, missing signatures) : $281 to $2,789 per violation (2024 rates). Substantive violations and knowingly employing unauthorized workers : $698 to $27,894 per unauthorized worker. Second and subsequent offenses : higher penalty ranges. Pattern or practice violations can result in criminal prosecution. Annual I-9 audits (internal) and using E-Verify reduce violation risk significantly.