Form I-9

Decoding Form I-9: A Comprehensive Guide to Employment Eligibility Verification

Understanding Form I-9
Form I-9, known as Employment Eligibility Verification, plays a crucial role in legally confirming an individual’s eligibility to work in the United States. Enacted under the Immigration Reform and Control Act, this form is mandated to ensure that employers verify the identity and eligibility of their employees for lawful employment.

Who Needs to Complete Form I-9?
Before commencing employment, both new hires and employers are required to complete Form I-9. New hires must provide documentation to verify their identity and employment eligibility. Employers are tasked with examining these documents, confirming their validity, and ensuring that the completed form is submitted no later than the employee’s first day of work.

Document Lists for Identity and Eligibility Verification
Form I-9 entails three lists (A, B, and C) specifying documents required to prove identity and employment eligibility.

• List A: Documents verifying both identity and employment authorization.
• Examples: U.S. passport, Certificate of U.S. Citizenship, Unexpired Temporary Resident Card.
• List B: Documents validating identity.
• Examples: Driver’s license, School ID card with photo, U.S. military or draft card.
• List C: Documents establishing employment eligibility.
• Examples: U.S. Social Security card, Original or certified copy of a birth certificate.

Special considerations and additional documentation may apply to certain individuals, such as foreign students or exchange visitors.

Form I-9 Renewal Frequency
Employees are not required to complete a new Form I-9 annually. Renewal is only necessary if the employment authorization document(s) has expired. Employers may choose to update an employee’s I-9 if there is a legal name change or rehiring within three years of the original completion date.

Employer Responsibilities with Form I-9
After receiving Form I-9 from employees, employers must complete and sign Section 2 within three business days of the new hire’s first day of work. Employers are obligated to inspect the provided documents for validity and ensure they match the information on the form. Forms can be stored electronically or on paper, with no official expiration date.

Electronic Storage and E-Verify
Form I-9 can be stored electronically, utilizing the E-Verify system for inspection by government officials. E-Verify matches information on Form I-9 against SSA and DHS records. Employers must make these forms electronically available for inspection within three business days of the initial request.

E-Verify and Social Security Number
E-Verify requires an employee’s Social Security number (SSN). If an employee has applied for but not yet received their SSN, the employer must note it on Form I-9 and proceed with E-Verify once the SSN is available.

Consequences of False Information on Form I-9
Providing false information on Form I-9 constitutes a civil and criminal violation. Employers may face civil fines, criminal penalties, exclusion from government contracts, and court orders for such actions.

Penalties for Non-Submission of Form I-9
Failure to submit Form I-9 can result in employee termination. Employers who fail to provide the form may be fined $230 to $2,292 per violation. Knowingly hiring and continuing employment without submitted forms can lead to fines ranging from $573 to $20,130 per violation.