“Form I-9”

Purpose and Importance of the Form I-9?

The Form I-9 is an important U.S. federal form used to verify a person’s identity and employment eligibility when they are hired. It is required by the United States Citizenship and Immigration Services (USCIS) for all new employees hired to work in the United States. Completing the Form I-9 correctly and accurately ensures employers are hiring individuals that are legally authorized to work in the United States.

Every employer must keep a Form I-9 on file for all of its employees. Employers must also make sure that all employees fill out a Form I-9 correctly, and review the documents presented for verification of identity and eligibility to work in the United States. Employers are also required to retain records of the Form I-9 for all employees for a minimum of three years after the hire date, or for one year after the employee leaves the company, whichever is longer.

How to Complete Form I-9?

Form I-9 is a three-page document that collects necessary information about the employee’s identity and employment eligibility. It must be completed accurately and in its entirety by the employee and employer within three days of the employee’s hire date. The primary purpose of the I-9 is to verify the employee’s identity and eligibility to work in the United States.

• Employee Section The employee must fill out Section 1 of the I-9 form by providing their personal information and attesting to the accuracy of the information.
• Employer Section Once the employee has completed Section 1, the employer must review the documents presented by the employee for verification of identity and eligibility to work in the United States.
• Documentation The employee must present to the employer documents that prove their identity and eligibility to work in the United States. The employee must present an original document from each List A, B and C.

Form I-9 Compliance?

Employers must ensure the Form I-9 is completed accurately and that the information provided by the employee is verified. In addition, employers must ensure the Form I-9 is updated with new information when employees transfer departments, update their contact information or when the employment eligibility documents need to be re-verified. Finally, employers must maintain and securely store all relevant records for a minimum of three years after the hire date, or for one year after the employee leaves the company, whichever is longer.

FAQs

Can I use a photocopy of documents for Form I-9?

No, employers cannot accept a photocopy of documents for completion of the Form I-9. The originals must be presented, as they are used to verify the identity and employment eligibility of the employee.

Can Form I-9 be completed electronically?

Yes, employers are now allowed to complete the Form I-9 electronically, as long as the electronic signatures are legally binding and all original documents are kept on file. The system must also meet certain technical specifications in order to be compliant with the I-9 regulations.

What is the timeframe for completing Form I-9 after hiring?

Form I-9 must be completed within three days of the employee’s start date. In cases of reverification, the Form I-9 must be completed within three days of the end date indicated on the re-verification documents.

What happens if a mistake is made on Form I-9?

If a mistake is made on the Form I-9, the employer must correct it by completing Section 3 of the form. All corrections must be signed and dated in order for the Form I-9 to be valid. The USCIS does not require employers to submit a copy of the corrected form, but it must be kept on file in the event of an audit.

Also See: Form 49B