The 2022 Form I-9, also known as the Employment Eligibility Verification, is a required document in the United States for verifying the identity and employment eligibility of employees. This form is used by employers to ensure compliance with the Immigration Reform and Control Act of 1986 (IRCA), which prohibits the hiring of individuals who are not authorized to work in the country. The 2022 Form I-9 replaces the previous version, which was last updated in 2017, and is issued by the U.S. Citizenship and Immigration Services (USCIS).
Details:
The 2022 Form I-9 consists of three sections: Section 1, completed by the employee, Section 2, completed by the employer or authorized representative, and Section 3, used for re-verification and rehires. Each section serves a specific purpose in the process of verifying an employee’s eligibility to work in the U.S.
In Section 1, the employee provides their personal information including full name, date of birth, Social Security number (if applicable), phone number, and email address. Additionally, they must attest to their employment authorization status by providing their citizenship or immigration status, Alien Registration Number/USCIS Number (if applicable), and the date their employment authorization expires, if any.
Section 2 is completed by the employer or authorized representative. The employer is responsible for examining the employee’s original documents that establish both their identity and employment authorization. Acceptable documents include a U.S. passport, Permanent Resident Card, Employment Authorization Document, or a combination of other documents outlined in the List of Acceptable Documents provided by the USCIS. The employer must review the documents in the presence of the employee and record the document titles, numbers, expiration dates (if any), and the date employment begins.
Section 3 is used for re-verification of employment authorization or updating changes for existing employees. It is completed when there is a change in an employee’s work authorization, such as an expired employment authorization document or a legal name change.
It is crucial for employers to comply with the instructions and timeframes specified on the 2022 Form I-9. Non-compliance may result in penalties or legal consequences. Employers should retain the completed forms for as long as the employee is working for the company, plus an additional period in case of audits or government inspections.
The 2022 Form I-9 underwent revisions to ensure clarity and guidance for both employers and employees. It includes improvements such as expanding the form instructions, clarifying acceptable document examples, and updating the USCIS website address for additional resources.
In conclusion, the 2022 Form I-9 is a vital document in the employment verification process in the United States. It enables employers to comply with federal regulations and ensures that employees hired are legally authorized to work in the country. Familiarity with the 2022 Form I-9 and its instructions is essential for employers and HR professionals to maintain legal compliance and avoid potential penalties.
