The I-9 form, required for verifying employment eligibility in the United States, involves specific sections that must be filled out by both the employee and the employer. Here’s how the responsibility for filling out the I-9 form is divided:
Employee’s Role:
Section 1: Employee Information and Attestation
- Timing: This section must be completed by the employee on or before their first day of employment.
- Information Required: The employee must provide their full legal name, address, date of birth, and Social Security number (if applicable).
- Attestation: The employee must attest to their immigration status by selecting the appropriate box indicating whether they are a U.S. citizen, non-citizen national, lawful permanent resident, or an alien authorized to work in the U.S.
- Documentation: The employee must provide an email address and telephone number (optional) and sign and date the form to confirm that the information is accurate.
Employer’s Role:
Section 2: Employer or Authorized Representative Review and Verification
- Timing: Must be completed within three business days of the employee’s first day of employment.
- Document Review: The employer (or an authorized representative) must physically examine one or more documents from the employee that establish identity and employment eligibility. The documents accepted are listed on the last page of the I-9 form and are categorized into List A (documents that prove both identity and employment authorization), List B (documents that prove identity only), and List C (documents that prove employment authorization only).
- Recordkeeping: The employer must record the document title(s), issuing authority, document number(s), and expiration date(s) if applicable.
Section 3: Reverification and Rehires
- When Applicable: This section is filled out when re-verifying an employee’s authorization to work upon expiration of their previous authorization or when rehiring an employee within three years of the date the original I-9 was completed.
- Employer’s Signature: The employer must sign and date this section to verify that the documentation listed is valid and authentic.
Additional Points:
- Remote Hiring: If hiring remotely, employers might designate an authorized representative to complete Section 2 on their behalf. However, the employer remains legally responsible for any violations in connection with the form or the verification process.
- Record Retention: Employers are required to retain completed I-9 forms either for three years after the date of hire or for one year after employment is terminated, whichever is later.
Overall, the I-9 form is a collaborative effort between the employee, who provides personal and eligibility information, and the employer, who verifies this information and maintains the forms for compliance with U.S. employment laws.
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