I-9 Form

The I-9 Form, officially known as the Employment Eligibility Verification form, is a document that employers must complete to verify the identity and employment authorization of individuals hired for work in the U.S. This process is mandated by the U.S. Citizenship and Immigration Services (USCIS) and is essential for ensuring compliance with federal immigration laws.

For example, when you hire a new employee, both you and the employee are required to complete the I-9 Form. The employee must provide acceptable documents, such as a passport or driver's license and Social Security card, to establish their identity and authorization to work. As the employer, you are responsible for examining these documents to confirm their authenticity and retaining the completed I-9 Form for your records. Failure to properly complete and retain I-9 Forms can result in legal penalties and fines.

Who Needs to Complete the I-9 Form?

Every employee hired to work in the United States must complete Form I-9, regardless of whether they are a U.S. citizen or not. The form is required by the U.S. Citizenship and Immigration Services (USCIS) to verify both the identity of the employee and their authorization to work legally in the country. This means that on or before their first day of employment, a new hire must fill out Section 1 of the form, while the employer is responsible for completing Section 2 after reviewing the employee’s documents that prove identity and work eligibility.

It’s important to note that the I-9 requirement applies across the board from full-time and part-time workers to seasonal staff. However, certain groups, such as independent contractors and individuals hired for casual domestic work in a private home, are exempt. Employers also don’t need to complete I-9s for people who aren’t physically working in the U.S. For businesses, ensuring every eligible employee completes an I-9 is not just a formality—it’s a legal obligation, and mistakes or omissions can lead to costly penalties.

When Must the I-9 Form Be Completed?

The I-9 form must be completed very early in the hiring process to ensure compliance with federal law. Employees are required to fill out Section 1 of the form no later than their first day of employment, though they may complete it once they’ve accepted a job offer. Employers, on the other hand, must review the employee’s documents and complete Section 2 within three business days of the employee’s first day of work. This tight timeline ensures that both parties quickly confirm work eligibility and avoid potential legal issues.

For example, if an employee starts work on a Monday, the employer has until Thursday of that same week to finish the verification process. Employers who fail to meet this deadline risk fines and other penalties if audited. That’s why many HR teams build the I-9 process directly into onboarding to make sure it doesn’t get overlooked. Completing the form on time isn’t just a legal box to check, it’s a critical step in maintaining a compliant and responsible workplace.

How Does I-9 Form Work?

The process of completing an I-9 form involves collaboration between the employee and the employer. 

1. Initially, an employee is required to attest to their legal authorization to work in the United States by providing accurate employee information. 
2. Subsequently, they must present their employer with a set of acceptable documents, which may include identification documents and Employment Authorization Documents (EAD), to prove both their identity and work authorization. 
3. It is the employer's responsibility to examine these documents thoroughly, ensuring they are genuine and correspond to the employee presenting them. The details of these documents are then recorded on the employee’s I-9 form. 

In certain cases, employers have the option to utilize a DHS-authorized alternative procedure for remote examination of these documents, which must be indicated on the form accordingly. This comprehensive verification process underscores the importance of immigration compliance and anti-discrimination provisions, safeguarding the legal employment status of workers in the U.S.

I-9 Form Example

View Form I-9, issued by the U.S. Citizenship and Immigration Services under the Department of Homeland Security, on this link. This mandatory document is for employment eligibility verification in the United States. It mandates that employers provide the form's instructions to employees and comply with its requirements, emphasizing the prohibition of discrimination based on citizenship, immigration status, or national origin in the documentation process.

Key Components of I-9 Form

The Form I-9, mandated by the U.S. Citizenship and Immigration Services (USCIS), is divided into four parts, each serving a specific purpose in the employment verification process.

• Page 1 is designed for both the new employee and their employer to complete. The employee is required to attest to their employment authorization and present documents that verify their identity and work authorization. The employer's role is to examine these documents for authenticity and to record the details in Section 2. Notably, there is a provision for employers who opt to remotely examine documents under a DHS-authorized procedure to indicate this choice on the form. 
• Page 2 lists acceptable documents that the employee can present, which employers are obliged to provide access to, either as a hard copy or via a hyperlink. However, it is not necessary for this page to be retained with the Form I-9 documentation. 
• Page 3 features Supplement A, focusing on Preparer and/or Translator Certification for those employees who require assistance in completing Section 1. This page must be filled out and kept with the Form I-9 if used. 
• Page 4 contains Supplement B, which deals with Reverification and Rehire. This section is completed and retained only when an employee's employment authorization needs to be reverified or in instances of rehiring. 

Furthermore, employers are responsible for ensuring that all employees have the necessary instructions for filling out the Form I-9, making these available through a hard copy or a hyperlink. It's crucial for all completed pages of the Form I-9 to be retained for a specified period to be accessible for inspection by authorized government officials. The Spanish-language version of the Form I-9 is available for use in Puerto Rico, and as a translation guide elsewhere, acknowledging the anti-discrimination provisions and fostering a more inclusive work environment. 

The fillable nature of Form I-9 necessitates that all signatures be manually signed, adhering to DHS standards to avoid potential penalties. 

I-9 Form vs W-4 Form

Although the I-9 and W-4 forms are both standard parts of new hire paperwork, they serve very different purposes. The I-9 form is focused on verifying a person’s eligibility to work in the United States. It requires employees to provide documentation that proves both their identity and their authorization to work, while the employer confirms and records those details. The W-4 form, on the other hand, is all about taxes. It tells the employer how much federal income tax to withhold from the employee’s paycheck, based on factors like marital status, dependents, and other personal financial considerations.

In practice, this means that the I-9 protects employers by ensuring their workforce is legally authorized, while the W-4 helps employees manage their tax obligations. Both are equally important but address entirely different aspects of employment: compliance with immigration law versus compliance with tax law. For a smooth onboarding process, employers should be ready to explain the distinction so new hires understand why they’re being asked to complete both forms and how each impacts their work and pay.

I-9 Form in a Nutshell

• Mandatory for All Employees: Both U.S. citizens and noncitizens must complete it upon hiring.
• Verification Requirement: Employers are required to verify employee documentation from Lists A, B, or C.
• Retention and Inspection: Employers must retain completed forms and present them for inspection if requested by authorized government officials.