What Is Form I-9?
Form I-9, officially known as the Employment Eligibility Verification form, is a U.S. government document that employers use to verify the identity and employment eligibility of all individuals hired for employment in the United States. This crucial form is a cornerstone of human resources and employment eligibility compliance, falling under the broader category of employment law and human resources compliance. All U.S. employers must properly complete a Form I-9 for every individual they hire, including both U.S. citizens and non-citizens, to ensure they are authorized to work. The process involves both the employee attesting to their work authorization and the employer examining specific documents to verify identity and work eligibility.
History and Origin
The origins of Form I-9 trace back to the Immigration Reform and Control Act (IRCA) of 1986. Signed into law on November 6, 1986, IRCA marked a pivotal shift in U.S. immigration law by introducing employer sanctions for hiring unauthorized workers, a significant departure from previous policy. To facilitate this new mandate, the Act required employers to verify the identity and legal authorization to work for all newly hired employees. This legislative change directly led to the creation and implementation of Form I-9 as the standardized tool for this verification process, aimed at curtailing unauthorized employment in the United States.7
Key Takeaways
- Form I-9 is mandatory for all U.S. employers to verify the identity and work eligibility of new hires.
- Both the employee and the employer (or an authorized representative) must complete specific sections of the form.
- Employees must present original, acceptable documents from a government-provided list to prove their identity and work authorization.
- Employers are responsible for ensuring proper completion, retention, and production of Forms I-9 upon request from government agencies.
- Failure to comply with Form I-9 requirements can result in significant penalties for employers.
Interpreting the Form I-9
Interpreting Form I-9 primarily involves understanding its structured sections and the requirements for each. Section 1 is completed by the employee on or before their first day of employment, where they attest to their citizenship or immigration status and provide personal information. Section 2 is completed by the employer within three business days of the employee's first day of employment. In this section, the employer reviews the original identity and employment authorization documents presented by the employee from the Lists of Acceptable Documents (List A, B, or C). The employer must then record details about these documents, such as their title, issuing authority, document number, and expiration date (if applicable). Proper completion signifies that the employer has visually inspected the documents and believes they reasonably appear to be genuine and relate to the individual. The form itself does not yield a numerical output but rather a confirmation of identity verification and legal right to work.
Hypothetical Example
Consider "TechSolutions Inc." hiring a new software engineer, Sarah. On her first day, Sarah completes Section 1 of Form I-9, attesting that she is a U.S. citizen. She provides her unexpired U.S. Passport, which is a List A document, meaning it establishes both identity and employment authorization. The HR manager, within three business days, examines Sarah's passport, verifies it appears genuine, and records its details (document title, issuing authority, passport number, and expiration date) in Section 2 of the Form I-9. The manager then signs and dates Section 2, confirming that TechSolutions Inc. has met its legal obligations for verifying Sarah's employment eligibility. The completed form is then retained in Sarah's personnel file, separate from other payroll or personal records.
Practical Applications
Form I-9 is fundamental to the onboarding process for virtually every employer in the United States. Its primary application is to ensure worker classification and compliance with federal immigration laws, preventing the employment of individuals unauthorized to work. Beyond the initial hire, employers also use Form I-9 for reverification purposes when an employee's temporary work authorization expires, ensuring ongoing compliance. The form's meticulous recordkeeping requirements are critical for employers, as it serves as primary evidence during government auditing by agencies like U.S. Immigration and Customs Enforcement (ICE).6 The U.S. Citizenship and Immigration Services (USCIS) provides comprehensive guidance and the official Form I-9 for employers and employees.5
Limitations and Criticisms
While essential for maintaining a legal workforce, Form I-9 has faced certain limitations and criticisms. A significant concern revolves around the potential for discrimination during the document verification process. Employers are strictly prohibited from requesting specific documents or more documents than required based on an individual's citizenship status, immigration status, or national origin. The Department of Justice (DOJ) enforces anti-discrimination provisions related to Form I-9, and violations can lead to substantial fines and legal action.4 For example, an employer cannot demand a "green card" from a lawful permanent resident if they present another valid document from the acceptable list. Additionally, errors in completing or retaining Form I-9, even unintentional ones, can result in considerable civil penalties for employers, which have seen increases.3 This complexity can be particularly challenging for small businesses or those without dedicated tax compliance or human resources departments.
Form I-9 vs. E-Verify
Form I-9 and E-Verify are often discussed together but serve distinct, though related, functions in employment eligibility verification. Form I-9 is a mandatory paper or electronic form completed by all U.S. employers for every new hire to document identity and employment authorization. It involves physical or remote examination of documents. In contrast, E-Verify is an internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). E-Verify allows employers to electronically confirm the employment eligibility of their newly hired employees by comparing the information from an employee's Form I-9 with government databases. While Form I-9 is universally required, E-Verify is generally voluntary for most employers, though it is mandatory for certain federal contractors and employers in some states. E-Verify builds upon the information gathered in Form I-9 but is not a replacement for it.
FAQs
Who is required to complete Form I-9?
All U.S. employers must complete Form I-9 for every employee hired after November 6, 1986, who works in the United States. This includes both U.S. citizens and non-citizens.
When must Form I-9 be completed?
Employees must complete and sign Section 1 of Form I-9 no later than their first day of employment. Employers must then complete and sign Section 2 within three business days of the employee’s first day of employment. If employment lasts less than three days, Section 2 must be completed no later than the first day.
What documents are acceptable for Form I-9?
Employees must present original, unexpired documents from the Lists of Acceptable Documents found on the Form I-9 instructions. These lists categorize documents into: List A (documents that establish both identity and employment authorization, such as a U.S. Passport), List B (documents that establish identity only, such as a driver's license), and List C (documents that establish employment authorization only, such as a Social Security card). Employees can choose to present one document from List A OR one document from List B AND one document from List C. Employers cannot specify which documents an employee must present.
2### Where do employers keep completed Form I-9s?
Employers must retain completed Forms I-9 for all current employees. For former employees, the Form I-9 must be retained for at least three years from the date of hire or one year after the date employment ends, whichever is later. These forms should be kept separately from general personnel files to avoid potential discrimination claims and to facilitate easier access during an audit.
Can employers be fined for Form I-9 violations?
Yes, employers can face civil and criminal penalties for various Form I-9 violations, including substantive errors, uncorrected technical or procedural failures, and knowingly hiring or continuing to employ unauthorized workers. The fines vary based on the type and severity of the violation, as well as the employer's history of compliance.1