The I-9 form, or Employment Eligibility Verification form, is a simple but structured document designed to verify the identity and legal authorization to work of all paid employees in the United States. The form is divided into several sections, each designed to gather specific types of information:
Section 1: Employee Information and Attestation
- Personal Information: This includes the employee’s full name, address, date of birth, and email and phone number (optional).
- Citizenship/Immigration Status: The employee must select from one of four options:
- U.S. citizen
- Noncitizen national of the U.S.
- Lawful permanent resident (with space to enter the Alien Registration Number/USCIS Number)
- Alien authorized to work until (with spaces to enter the Alien Registration Number/USCIS Number, or Form I-94 Admission Number, and, if applicable, the expiration date of employment authorization)
- Employee’s Signature and Date: The employee must sign and date the form attesting that the information is correct.
- Preparer/Translator Certification: If someone else assists the employee in completing the form, that person must provide their information and sign the form.
Section 2: Employer or Authorized Representative Review and Verification
- Document Review: The employer (or authorized representative) records the document(s) presented by the employee, noting the document title, issuing authority, number, and expiration date, if applicable. Employees can present one selection from List A (which establishes both identity and employment eligibility), or one selection each from List B (which establishes identity) and List C (which establishes employment eligibility).
- Employer’s Certification: The employer certifies that the documents have been examined and appear to be genuine and relate to the employee. They also record the employee’s first day of employment.
- Employer’s Signature and Date: This section is signed and dated by the employer or the authorized representative.
Section 3: Reverification and Rehires
- Reverification: Used to reverify the eligibility of current employees when their employment authorization documentation expires.
- Rehires: Used if an employee is rehired within three years of the initial completion of the form and the previous authorization is still valid or requires reverification.
- Document Review and Employer’s Certification: Similar to Section 2, but for updated or new documents.
- Employer’s Signature and Date: The employer or authorized representative signs and dates this section.
Physical Layout
- Form Appearance: The form is visually straightforward, with clear labels and logically arranged fields for entering information. It’s designed to be filled out on paper or electronically, with separate pages for each section.
- Instruction Pages: The form includes instructions for both employees and employers on how to complete each section, what documents are acceptable, and the legal requirements for document examination.
Usage
- Completion and Storage: The completed form is not submitted to any federal agency but must be retained by the employer. Employers must keep the completed forms either for three years after the date of hire or for one year after employment ends, whichever is later.
The I-9 form is essential for compliance with U.S. employment laws, ensuring that only eligible individuals are employed. Employers and employees alike must ensure that the form is completed accurately and retained correctly to avoid penalties.