Form I-9, officially known as the Employment Eligibility Verification form, is used to verify the identity and legal authorization to work of all paid employees in the United States. Both U.S. citizens and non-citizens must complete the form at the time of hire. The form is mandated by the Immigration Reform and Control Act of 1986 (IRCA) and is required for every employee hired after November 6, 1986.
Key Purposes of Form I-9:
- Verification of Work Eligibility:
- The I-9 form helps employers verify that newly hired employees are legally authorized to work in the U.S. It requires employees to present documentation proving both their identity and their eligibility to work, such as a U.S. passport, a driver’s license plus a Social Security card, or a permanent resident card.
- Compliance with Federal Laws:
- Employers are legally obligated to ensure their workforce is authorized to work in the U.S. Completing and retaining the I-9 form is part of complying with these legal requirements, aimed at preventing illegal employment practices.
- Prevention of Discrimination:
- The uniform requirement for all employees to provide documentation that verifies their employment eligibility helps prevent discriminatory practices. Employers must treat all workers equally during the verification process regardless of their national origin, citizenship, or immigration status.
Responsibilities Involved:
- Employee Responsibilities:
- Employees are responsible for completing Section 1 of the I-9 form, which includes providing personal information such as name, address, date of birth, and attestation of eligibility to work. They must also present acceptable documents from either List A (which shows both identity and employment authorization), or List B (which shows identity only) and List C (which shows employment authorization only).
- Employer Responsibilities:
- Employers must review the documents provided by the employee to ensure they are genuine and relate to the employee. They complete Section 2 by recording the document details and attest that to the best of their knowledge, the employee is authorized to work in the U.S. Employers must also maintain completed forms for a specified period and make them available for inspection by authorized government officials.
Importance:
The proper completion and retention of Form I-9 are crucial for compliance with employment laws, ensuring that companies maintain a legally authorized workforce. Failure to comply with these requirements can result in legal penalties, including fines. Form I-9 acts as a critical check within the employment process to uphold the integrity of the U.S. labor market.
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