The I-9 Form, also known as the Employment Eligibility Verification Form, is a document used by employers in the United States to verify the identity and employment authorization of their employees. The form was established by the Immigration Reform and Control Act of 1986 (IRCA) and is administered by the U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS).
Purpose and Requirements:
The primary purpose of the I-9 Form is to ensure that employers hire only individuals who are legally eligible to work in the United States. By completing this form, employers establish a record of an employee’s identity and eligibility by examining the documents provided by the employee. The I-9 Form must be completed for each newly hired employee, including U.S. citizens and non-citizens alike, and the form must be retained for a specified period of time.
The I-9 Form requires both the employee and the employer to provide certain information. Employees must provide their legal name, address, date of birth, social security number (if applicable), and their employment authorization documentation, such as a U.S. passport, Permanent Resident Card (also known as a Green Card), employment authorization document, foreign passport with an appropriate visa, or a combination of documents as listed on the form.
Employers, on the other hand, are responsible for ensuring the completeness and accuracy of the information provided by the employee. They must examine the employee’s documents to determine if they appear to be genuine and relate to the employee presenting them. The employer must also complete the employer section of the form, including providing their business name, address, and attest to the best of their knowledge that the employee is authorized to work in the United States.
Penalties for Non-Compliance:
Failure to comply with the I-9 Form requirements can result in significant penalties for employers. The U.S. Immigration and Customs Enforcement (ICE) is responsible for auditing and enforcing compliance with the I-9 regulations. Penalties for knowingly or unknowingly hiring unauthorized workers can range from fines to criminal charges, depending on the severity and willfulness of the violation.
Employers are advised to diligently complete and retain the I-9 Forms for all their employees and make them available for inspection if requested by the USCIS or ICE. Regular self-audits are recommended to identify and correct any errors or omissions in the forms.
Updates and Amendments:
The I-9 Form has undergone revisions over the years. The most recent version, the 2018 edition, was released on July 17, 2017, and replaced the previous 2013 edition. Employers are required to use the latest version of the form to ensure compliance. Although the overall structure and purpose of the form remained the same, the 2018 edition introduced some changes in the form’s instructions and the list of acceptable documents.
Conclusion:
The I-9 Form is a crucial tool for employers in the United States to verify the eligibility and employment authorization of their employees. By carefully completing and retaining these forms, employers demonstrate their commitment to complying with immigration laws while also protecting their businesses. It is important for both employers and employees to understand the requirements of the form to ensure compliance with the law and avoid penalties for non-compliance.
