Form I-9, officially known as the Employment Eligibility Verification form, is a U.S. Citizenship and Immigration Services (USCIS) document required by law for all employers in the United States to complete for each individual they hire for employment. This includes citizens and noncitizens alike. The primary purposes of the I-9 form are to verify the identity of employees and to confirm their eligibility to work in the United States.
Key Functions of Form I-9:
- Verification of Identity and Employment Authorization: Employees are required to present acceptable documents to their employers as evidence of their identity and legal authorization to work in the U.S. These documents are listed on the form and are categorized into List A (documents that establish both identity and employment authorization), List B (documents that establish identity only), and List C (documents that establish employment authorization only).
- Compliance with the Immigration Reform and Control Act (IRCA): The I-9 form was introduced as part of the IRCA in 1986 with the goal to deter illegal immigration and prevent the employment of individuals who are not authorized to work in the United States.
- Prevention of Discrimination: Employers are required to treat all employees equally when it comes to completing the I-9, regardless of their national origin, citizenship, or immigration status. They must not discriminate against individuals on the basis of documents they present that meet the requirements, nor can they specify which documents they will accept from the list provided by USCIS.
Responsibilities Involved:
- Employee Responsibilities: Employees must complete Section 1 of the form, which asks for their personal information, and they must also present original documents from the lists provided that prove their identity and legal authorization to work.
- Employer Responsibilities: Employers must review the documents to ensure they appear genuine and relate to the employee. They complete Section 2 by recording the document information and then must maintain the completed forms on file. For current employees, these forms must be retained for either three years after the date of hire or one year after employment ends, whichever is later. The form must be available for inspection by authorized government officers from agencies such as the Department of Homeland Security, the Department of Labor, and the Office of Special Counsel for Immigration-related Unfair Employment Practices.
Updates and Availability:
USCIS periodically updates the I-9 form to reflect changes in employment law or procedure. It’s important for employers to use the most current form, which can be obtained directly from the USCIS website, where both the form and detailed instructions for completing it are available.
The Form I-9 is a critical tool in ensuring that U.S. employment laws are followed and that workers are legally authorized for employment, helping to maintain a lawful workforce.
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