WHAT IS FORM I-9?

What is Form I-9?

The Form I-9 is a crucial federal document in the United States that serves to verify a person's identity and their eligibility to work. It is mandated by the United States Citizenship and Immigration Services (USCIS) for all new employees hired to work in the U.S. This comprehensive verification process is essential for maintaining a lawful workforce and safeguarding against unauthorized employment.

Purpose and Importance of the Form I-9

The primary purpose of the Form I-9 is to ensure that employers are hiring individuals who are legally authorized to work in the United States. By necessitating the completion of this form, employers contribute to national security and uphold employment integrity. According to federal regulations, employers are required to retain a Form I-9 on file for each employee. This document must be properly filled out and maintained for no less than three years after the hiring date or for one year after the employee leaves, whichever duration is longer.

By keeping accurate Form I-9 records, businesses can avoid severe penalties that may arise from non-compliance.

How to Complete Form I-9

Completing the Form I-9 involves several essential steps to ensure compliance with federal regulations. The form is divided into specific sections that must be completed accurately by both the employee and employer.

• Employee Section: In Section 1, the employee must provide personal information, including their name, address, date of birth, and immigration status, while certifying that the information is accurate.
• Employer Section: After the employee fills out Section 1, the employer must examine the identity and eligibility documents presented. This authentication step is vital to validate the employee's right to work.
• Document Verification: Employees need to present original documents from List A, B, and C as proof of identity and eligibility. Accepting photocopies is against the law, as original documents provide verification assurance.

Form I-9 Compliance

Ensuring compliance with the Form I-9 requirements is vital for employers. Employers must accurately complete the form, verify the employee-provided information, and keep it updated as necessary. Changes in the employee’s department, contact information, or employment eligibility require updates to the Form I-9.

Additionally, employers must maintain all Form I-9s in a secure manner for at least three years after hiring, or one year after an employee leaves. This practice not only keeps businesses compliant but also protects them during audits and inspections.

"Maintaining compliance with the Form I-9 process is not just a legal obligation but also a fundamental aspect of responsible workforce management."

FAQs

Can I use a photocopy of documents for Form I-9?
No, photocopies are not acceptable. Employers must ask for original documents only.

Can Form I-9 be completed electronically?
Yes, electronic completion is permissible provided that electronic signatures are legally binding and original documents are securely stored and accessible.

What is the timeframe for completing Form I-9 after hiring?
The form must be finalized within three days of the employee's start date. In cases of re-verification, completion must also occur within three days of the specified end-date on the re-verification documents.

What happens if a mistake is made on Form I-9?
If an error occurs, the employer can rectify it by utilizing Section 3 of the form. All changes must be appropriately signed and dated, although there’s no requirement to submit a revised copy to USCIS.

Additional Resources

• For more details on compliance, visit our glossary.

Ensure you complete and retain the Form I-9 accurately to verify the identity and employment eligibility of your employees.