The I-9 form, or Employment Eligibility Verification form, requires specific sections to be filled out by both the employee being hired and the employer. Here’s how the responsibilities are divided:
Employee Responsibilities
Section 1: Employee Information and Attestation
- The employee must complete Section 1 of the I-9 form, which includes providing their full legal name, address, date of birth, and Social Security number (if they have one).
- The employee must also attest to their immigration status by checking whether they are a U.S. citizen, non-citizen national, lawful permanent resident, or an alien authorized to work.
- This section must be filled out and signed by the employee on their first day of employment (or before).
Employer Responsibilities
Section 2: Employer or Authorized Representative Review and Verification
- The employer must complete Section 2 of the form within three business days of the employee’s first day of work.
- This involves verifying the documents provided by the employee that prove identity and employment authorization. Employers must physically examine these documents to determine if they reasonably appear to be genuine and relate to the employee presenting them.
- Employers must record the document information (such as document numbers and expiration dates) in Section 2.
Section 3: Reverification and Rehires
- Section 3 is used by employers to reverify the employment authorization of current employees or to document the rehire of a former employee within three years of the initial completion of the original I-9.
- This section is completed only when an employee’s employment authorization or documentation of employment authorization has expired, or when rehiring a previous employee.
Key Points
- Authorized Representatives: Employers may designate an authorized representative, such as a personnel officer or a notary public, to fill out Section 2 on their behalf, especially in cases of remote hiring. However, the employer is still legally responsible for any violations related to the form or the verification process.
- Notarization Not Required: It’s important to note that the I-9 form does not require notarization.
The process of filling out the I-9 form is a fundamental requirement for all employers in the U.S. to ensure that their employees are authorized to work legally. This helps to maintain the legal workforce standards stipulated by U.S. law.
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