The Ultimate Guide to Form I-9: A Comprehensive Resource for Employers and HR Professionals

Section 1: Understanding the Basics of the I-9 Form

What is the I-9 Form?

The Employment Eligibility Verification form, Form I-9, is used by U.S. employers to verify the employment eligibility and identity of their new hires. This form has to be completed for all employees, including U.S. citizens and non-citizens. All employers must comply with this requirement as it is required by the United States Citizenship and Immigration Services (USCIS).

The I-9 form helps ensure that the individual hired by the employer is authorized to work in the U.S. In order to prevent unlawful employment of unauthorized individuals, U.S. employers have to ensure that their employees complete this form and retain it for all of their workforce. While completing Form I-9, employees are required to enter their names and other information, attach specific documentation to prove their eligibility to work in the U.S., and confirm their identity. Employers need to make sure that the information and documents provided by the employees are accurate and correct.

This form has to be completed by employees and employers within a certain time period after the employee is employed. The completed form must be retained by the employer, which serves as proof that the employer has verified the employee’s identity and eligibility to work in the country. It is their responsibility to retain these forms while the employee is employed and after he or she is terminated or leaves the job.

The organization has to demonstrate its compliance with U.S. immigration laws by completing and retaining I-9 forms for all its employees and by hiring only individuals who are authorized to work in the country. Employers who fail to comply with these requirements are likely to face heavy penalties.

Completing Form I-9

As mentioned above, Form I-9, the employment eligibility verification form, must be completed by employers and employees. Here’s a breakdown of who needs to complete the form.

• Employees
  • This includes every individual hired for employment in the U.S., including U.S. citizens and non-U.S. citizens.
  • Temporary and permanent employees
  • Full-time and part-time workers
  • Section 1 of the I-9 form is meant for employees, where they must provide their personal information, establishing their eligibility to work in the country.

• Employers
  • All employers in the U.S. must complete and retain Form I-9 for all their employees.

Independent contractors and self-employed individuals are not required to complete this form. Employers can verify the employment eligibility of independent contractors by having them provide the required documentation. It has to be noted that refugees, asylees, and certain categories of non-immigrants might have to provide additional documents to prove their eligibility to work in America. While employing such individuals, employees must seek legal advice or consult with USCIS officials for instructions on completing Form I-9.

Key Components of the I-9 Form

The I-9 Form consists of three sections that employees and employers must complete.

Section 1: Employee Information and Attestation

• Section 1 of Form I-9 must be completed by the new hires on the very first day of employment. However, they must only complete this form after accepting employment with their respective employer.
• Employees must fill in their full names, addresses, immigration status, Social Security number, passport number, and other details.
• Employees must also indicate their employment eligibility by selecting an appropriate option and providing the necessary additional information or documentation.

Section 2: Employer Review and Verification

• The employer or their authorized representative should fill out this section. This has to be done within the first three days after the new hire’s first day of employment. Employers must physically examine I-9 forms or use the alternative procedure authorized by the U.S. Department of State. It is crucial to go through the form instructions before completing the form.
• Employers will have to examine supporting documentation the employee provided and verify them.
• In the corresponding form fields, employers must record the document title, issuing authority, document number, and other required details.
• Once they complete this section, they must sign and date the form. This is to confirm that they have verified the supporting documents the employee provided and that they are legitimate.

Supplement A – Preparer and/or Translator Certification for Section 1

• The preparer or the translator who helps the employee complete Section 1 of Form I-9 must complete this section.
• The employee’s name must be entered in the spaces provided on the I-9 form.
• The preparer or the translator should complete the form, sign it, and date it.
• Employers should retain the supplement sheets and the completed I-9 forms.

Supplement B –  Reverification and Rehire

• Section 3: Reverification and Rehires (if applicable)
  • This section is utilized for re-verifying the work eligibility of employees whose work authorization has lapsed.
  • It is also used for documenting rehired employees within three years of their initial I-9 form completion, if their previous authorization has expired, or if they were previously exempt from completing the form.
  • Employers must complete Section 3 and update any necessary information or document expiration dates.

• List of Acceptable Documents
  • This list is provided on the last page of the I-9 form and contains various documents that employees can present to establish their identity and employment eligibility.
  • Employees must select and present one document from List A or a combination of one document from List B (identity) and one document from List C (employment eligibility).

Both employees and employers must carefully read the instructions and guidelines provided with the I-9 Form to ensure accurate completion and compliance with the requirements.

Step-by-step instructions for accurately completing each section of Form I-9.

How to Complete the I-9 Form

I-9 Form Completion Timeline

It is mandatory to complete the I-9 form within the first three days of employment of the new hire. The employee has to complete the first section of the form on the first day of employment and Section 2 must be completed by the employer within the above-mentioned time frame.