I 9 2019

What is the I-9?

The I-9 form, officially known as the Employment Eligibility Verification form, is a document mandated by the U.S. Department of Homeland Security (DHS). It is used to verify the identity and employment authorization of individuals hired for employment in the United States. Employers must complete and retain this form for each employee they hire, ensuring compliance with federal immigration laws. The I-9 form requires both the employee and employer to provide specific information, including personal details and supporting documentation that proves the employee's eligibility to work in the U.S.

Steps to Complete the I-9

Completing the I-9 form involves several key steps to ensure accuracy and compliance. First, the employee must fill out Section One, which includes personal information such as name, address, and date of birth. This section must be completed on or before the first day of employment. Next, the employer must review the employee's documents that establish identity and employment eligibility, completing Section Two of the form. This section requires the employer to record the document details, including the document title, issuing authority, and expiration date. Finally, both parties must sign and date the form, confirming that the information provided is true and complete.

Legal Use of the I-9

The I-9 form is legally binding and must be used in accordance with federal regulations. Employers are required to retain completed I-9 forms for a specific period, typically three years after the date of hire or one year after the employee's termination, whichever is later. Failure to comply with I-9 regulations can result in penalties, including fines and legal repercussions. It is essential for employers to ensure that the information on the form is accurate and that the proper documentation is collected to avoid non-compliance issues.

Required Documents

To complete the I-9 form, employees must provide documentation that verifies their identity and employment eligibility. The documents are categorized into three lists: List A, which includes documents that establish both identity and employment authorization, such as a U.S. passport; List B, which includes documents that establish identity, such as a driver's license; and List C, which includes documents that establish employment authorization, such as a Social Security card. Employees must present original documents, and employers should ensure that the documents are valid and not expired.

Form Submission Methods

The I-9 form can be completed and submitted in various ways, depending on the employer's preference and resources. Employers may choose to handle the form on paper or electronically. If using a paper form, it must be filled out, signed, and retained in the employee's personnel file. For electronic submissions, employers must ensure that their electronic systems comply with federal regulations regarding e-signatures and document retention. Regardless of the method, it is crucial that the form is completed accurately and retained for the required duration.

Penalties for Non-Compliance

Employers who fail to comply with I-9 regulations may face significant penalties. Civil fines can range from hundreds to thousands of dollars per violation, depending on the severity and frequency of non-compliance. Additionally, employers may face criminal charges for knowingly hiring unauthorized workers or for failing to maintain proper records. It is important for employers to regularly review their I-9 practices and ensure that all employees have completed the form correctly to mitigate risks associated with non-compliance.