I 9 form

What Is I 9 Form?

The I 9 form, officially known as the Employment Eligibility Verification Form, is a United States Citizenship and Immigration Services (USCIS) document used by employers to verify the identity and employment eligibility of individuals hired for employment in the United States. It falls under the broad category of Employment Law and Compliance, serving as a critical component of employer responsibilities in preventing unauthorized employment. Every U.S. employer must ensure the proper completion of an I 9 form for each individual they hire, regardless of their citizenship status. This process confirms that a newly hired employee is authorized to work authorization in the U.S. and establishes their identity.

History and Origin

The I 9 form was established following the passage of the Immigration Reform and Control Act (IRCA) of 1986. This landmark legislation aimed to curb unauthorized immigration by imposing sanctions on employers who knowingly hired undocumented workers. Prior to IRCA, there was no federal requirement for employers to verify the immigration status or work authorization of their new hires. The Act mandated that employers verify the identity and employment eligibility of all new employees hired after November 6, 1986.²⁷, ²⁸

The I 9 form was designed by the U.S. Immigration and Naturalization Service (INS), which later transitioned its functions to the Department of Homeland Security (DHS), including the USCIS.²⁶ Since its inception, the I 9 form has undergone several revisions to update the list of acceptable documents, enhance clarity for users, and streamline the verification process, reflecting the ongoing evolution of compliance regulations and immigration law.²⁵

Key Takeaways

The I 9 form is a mandatory document for all U.S. employers to verify a new employee's identity and eligibility to work.
It was introduced as a requirement under the Immigration Reform and Control Act of 1986.
Both employees and employers must complete specific sections of the I 9 form.
Employers must retain completed I 9 forms for a specified period and make them available for government inspection.
Compliance with I 9 form requirements is crucial to avoid penalties and ensure adherence to federal employment and anti-discrimination laws.

Interpreting the I 9 Form

The I 9 form is not just a piece of paper; it represents a critical compliance step for employers. Its interpretation centers on confirming that an individual is legally permitted to work in the United States. Employees complete Section 1, attesting to their citizenship or immigration status, while employers complete Section 2, examining original documents presented by the employee to establish both identity and work authorization.²³, ²⁴

Employers must carefully review the documents provided from the "Lists of Acceptable Documents" (List A, or a combination of List B and List C). A List A document, such as a U.S. Passport, establishes both identity and employment authorization. A List B document establishes identity (e.g., driver's license), and a List C document establishes employment eligibility (e.g., Social Security number card).²² The employer must verify that the documents appear genuine and relate to the person presenting them.

Hypothetical Example

Imagine Sarah is hired for a new marketing position at "Diversified Solutions Inc." As part of her employee onboarding, the human resources department requires her to complete an I 9 form.

Employee Section (Section 1): On her first day, Sarah receives the I 9 form. She completes Section 1, providing her personal information (name, address, date of birth) and attesting under penalty of perjury that she is a U.S. citizen.
Document Presentation: Sarah then presents her U.S. Passport (a List A document) to the HR representative.
Employer Section (Section 2): The HR representative at Diversified Solutions Inc. examines Sarah's passport to ensure it appears genuine and relates to her. They record the document title, issuing authority, number, and expiration date in Section 2 of the I 9 form.
Certification and Retention: The HR representative certifies that they have examined the document and that Sarah appears to be authorized to work. The completed I 9 form is then retained by Diversified Solutions Inc. in Sarah's personnel file, accessible for potential audits.

This process ensures that Diversified Solutions Inc. complies with federal requirements for employment verification for every new hire.

Practical Applications

The I 9 form is central to the employment process in the United States, with several key practical applications:

New Hire Compliance: Every employer must complete an I 9 form for each new employee hired after November 6, 1986, regardless of citizenship.²¹ This is a fundamental aspect of human resources and payroll management.
Preventing Unauthorized Employment: The form serves as the primary mechanism for employers to verify an individual's legal right to work, thereby helping to enforce immigration laws and prevent the employment of unauthorized workers.
Document Verification: Employers must physically examine specific original documents presented by the employee, ensuring proper document verification and recording details on the form.
Government Oversight and Audits: Completed I 9 forms are subject to inspection by authorized government officials from agencies such as the Department of Homeland Security, Department of Justice, and Department of Labor. Employers must retain these forms for a minimum of three years from the date of hire or one year after employment termination, whichever is later.²⁰ The U.S. Citizenship and Immigration Services (USCIS) provides detailed guidance in its "Handbook for Employers" (M-274) on how to properly complete and maintain these forms.¹⁸, ¹⁹ The Department of Justice also provides guidance to employers on complying with anti-discrimination provisions related to Form I-9 and how to conduct internal audits fairly.¹⁶, ¹⁷

Limitations and Criticisms

While essential for maintaining a legal workforce, the I 9 form process, particularly in conjunction with the E-Verify system, has faced certain limitations and criticisms:

Potential for Discrimination: Concerns have been raised that the employment verification process can lead to discrimination against work-authorized individuals, especially those who "look or sound foreign."¹⁴, ¹⁵ The Immigration and Nationality Act (INA) and associated regulations include non-discrimination provisions to prevent such practices, explicitly prohibiting employers from requesting more or different documents than required, or rejecting valid documents based on a worker's citizenship status or national origin.¹², ¹³
Data Errors and Mismatches: When combined with E-Verify, the system relies on government databases that can contain errors, leading to "Tentative Nonconfirmations" (TNCs) for authorized workers.¹⁰, ¹¹ Resolving these mismatches can be burdensome for employees and may temporarily delay or jeopardize their employment.⁹
Privacy Concerns: The collection and storage of personal information and documentation raise privacy concerns, particularly if data security is compromised.⁸
Employer Burden and Penalties: Employers face significant burdens in ensuring accurate completion and retention of I 9 forms, as errors or omissions can result in substantial monetary penalties. The Department of Justice's Civil Rights Division enforces the anti-discrimination provisions linked to the I 9 and E-Verify processes.⁷ The American Civil Liberties Union (ACLU) has long opposed mandatory E-Verify, citing threats to privacy and security, as well as the potential for employer discrimination and errors.⁶

I 9 Form vs. W-4 Form

The I 9 form and the W-4 form are both essential documents completed by new employees, but they serve entirely different purposes related to federal compliance. The I 9 form is specifically designed to verify an employee's identity and their legal eligibility to work in the United States, as mandated by immigration law. It is submitted to the employer for retention and is not sent to any government agency unless requested for an inspection or audit. In contrast, the W-4 form (Employee's Withholding Certificate) is used by employees to inform their employer how much federal income tax to withhold from their paycheck. This form directly impacts an employee's personal tax obligations and is used by the employer for payroll purposes. While both forms are critical for employee onboarding, one addresses work authorization, and the other addresses tax withholding.

FAQs

What documents are acceptable for Form I-9?

Employees must present original, unexpired documents from the U.S. Citizenship and Immigration Services (USCIS) List of Acceptable Documents. This list includes documents that establish both identity and employment eligibility (List A, such as a U.S. Passport) or a combination of one document establishing identity (List B, such as a driver's license) and one establishing employment authorization (List C, such as a Social Security number card). Employers cannot specify which documents an employee must present.⁴, ⁵

Do all employees need to complete an I 9 form?

Yes, generally, every employer in the U.S. must ensure the proper completion of an I 9 form for each individual hired for employment after November 6, 1986. This includes U.S. citizens, noncitizen nationals, and non-citizens authorized to work in the U.S.³ There are limited exceptions, such as for unpaid volunteers or independent contractors.

How long must an employer keep an I 9 form?

Employers must retain a completed I 9 form for three years after the date of hire, or one year after the date employment ends, whichever is later. These forms must be made available for inspection upon request by authorized government officials.² Proper retention is a key aspect of compliance regulations.

What happens if an I 9 form is completed incorrectly?

Incorrectly completed or missing I 9 forms can lead to significant penalties for employers, ranging from monetary fines to criminal charges in severe cases of knowing violations. Employers should strive for accuracy and promptly correct any errors. The Department of Justice provides guidance on how to correct errors on the form and prevent non-discrimination issues.¹