The I-9 form, or Employment Eligibility Verification form, involves a straightforward but crucial process in the U.S. employment system. Both the employer and the employee have specific responsibilities for filling out the form to ensure compliance with federal laws regarding work eligibility. Here’s how the form should be completed by each party:
Employee Responsibilities (Section 1)
- Section 1: The employee must complete Section 1 of the I-9 form, which asks for personal information such as name, address, date of birth, Social Security Number (if applicable), and an attestation of their eligibility to work in the United States. This section must be filled out on or before the employee’s first day of employment (i.e., the first day of work for pay).
- Attestation: The employee must attest to their citizenship status by checking the appropriate box that indicates whether they are:
- A U.S. citizen
- A non-citizen national of the United States
- A lawful permanent resident (providing their Alien Registration Number/USCIS Number)
- An alien authorized to work until a specified date (providing their Alien Registration Number/USCIS Number, or Form I-94 Admission Number and foreign passport number)
- Signature and Date: After completing Section 1, the employee must sign and date the form to affirm that the information provided is true and correct.
- Attestation: The employee must attest to their citizenship status by checking the appropriate box that indicates whether they are:
Employer Responsibilities (Sections 2 and 3)
- Section 2: Employer Review and Verification
- Document Review: Within three business days of the employee’s start date, the employer must physically examine one or more documents that the employee presents to establish their identity and employment authorization. The list of acceptable documents is divided into List A (documents that show both identity and employment authorization), List B (documents that show identity only), and List C (documents that show employment authorization only).
- Record and Verification: The employer must record the document information on the I-9 form, including the document title, issuing authority, document number, and expiration date (if applicable).
- Certification: The employer must sign and date the certification area of Section 2 to attest that they have examined the documents, and to the best of their knowledge, the documents are genuine and relate to the employee named, confirming their eligibility to work in the U.S.
- Section 3: Reverification and Rehires (if applicable)
- Reverification: Employers are required to complete Section 3 when an employee’s employment authorization or documentation of employment authorization has expired (reverification). Employers must reverify to ensure that their employees are still eligible to work in the U.S.
- Rehires: If an employer rehires an employee within three years of the date that a previous I-9 was completed, the employer may either rely on the previously completed I-9 or fill out a new form.
Special Situations
- Authorized Representative: In some cases, especially in remote hiring scenarios, an employer may designate an authorized representative to fill out Section 2 on their behalf. This representative, who might be a notary public or any other individual, acts as an agent of the employer to physically examine the employee documentation. It’s important to note that the employer is still liable for any violations in connection with the form or the verification process.
In summary, the I-9 form requires a collaborative effort between the employee and the employer. The employee must provide accurate information about their work eligibility, and the employer must verify this information diligently to comply with employment laws, ensuring a legal workforce.
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