What is Form I-9 ?
Form I-9 is an official document used in the United States to verify the identity and employment eligibility of individuals hired for work. It is required by the U.S. Citizenship and Immigration Services (USCIS) under the Immigration Reform and Control Act of 1986. Both employers and employees must complete this form.
Key Features of Form I-9:
Purpose: To ensure that all employees are authorized to work in the United States.
Applicability: Required for all employees hired after November 6, 1986, including U.S. citizens and non-citizens.
Structure of Form I-9:
Section 1: Employee Information and Attestation
Completed by the employee on or before the first day of employment.
Includes:
Full name, address, and date of birth.
Employment authorization status (e.g., U.S. citizen, lawful permanent resident, etc.).
Employee's signature and date.
Section 2: Employer Review and Verification
Completed by the employer within three business days of the employee's first day of work.
Includes:
Review of original documents provided by the employee to verify identity and work eligibility.
Details of documents reviewed (e.g., U.S. passport, driver's license, Social Security card).
Employer's certification, signature, and date.
Section 3: Reverification and Rehires
Used for updating or reverifying an employee's employment eligibility in cases such as rehiring or document expiration.
Documents for Verification:
Employees must present original documents from the Lists of Acceptable Documents provided with Form I-9. These include:
List A: Documents establishing both identity and employment authorization (e.g., U.S. passport, Permanent Resident Card).
List B: Documents establishing identity only (e.g., driver's license).
List C: Documents establishing employment authorization only (e.g., Social Security card).
Employer Responsibilities:
Retention: Employers must retain Form I-9 for each employee:
For 3 years after the hire date, or
For 1 year after employment ends, whichever is later.
Non-Discrimination: Employers cannot use Form I-9 to discriminate based on citizenship status, national origin, or ethnicity.
Penalties for Non-Compliance:
Failure to comply with Form I-9 requirements can result in penalties, including:
Fines for incomplete, incorrect, or missing forms.
Criminal charges for knowingly employing unauthorized workers.
Importance of Form I-9:
Ensures that employers are hiring individuals authorized to work in the U.S.
Helps prevent unauthorized employment.
Protects employees from discrimination based on citizenship or immigration status.
Form I-9 is a critical part of the hiring process in the U.S., ensuring compliance with immigration and labor laws.