The 2023 Form I-9, also known as the Employment Eligibility Verification form, is a document utilized by employers in the United States to confirm the employment eligibility and identity of their employees. The U.S. Citizenship and Immigration Services (USCIS) governs the use of this form and mandates its completion for every individual hired or rehired for employment in the country.
The 2023 Form I-9 consists of several sections that require both the employee and the employer to provide specific information and documentation. These sections include:
1. Section 1 – Employee Information and Attestation:
This section is completed by the employee on or before the first day of employment. The employee is required to provide their full legal name, address, date of birth, Social Security Number (SSN), and immigration status, if applicable. They must also indicate their employment authorization category and sign and date the form to declare the information provided is true and accurate.
2. Section 2 – Employer Review and Verification:
The employer must complete this section within three business days of the employee’s first day of employment. The employer is responsible for examining the employee’s original documents to verify their identity and employment eligibility. Acceptable documents include passports, driver’s licenses, Social Security cards, or other government-issued identification papers. The employer then records the document title, issuing authority, document number, and expiration date in this section.
3. Section 3 – Reverification and Rehires:
If an employee’s employment authorization expires, their work permit is about to expire, or they are rehired within three years of the date the initial Form I-9 was completed, the employer must complete Section 3. This section serves to update and reverify the employee’s eligibility and identity information, as necessary.
The primary purpose of the 2023 Form I-9 is to ensure compliance with the Immigration Reform and Control Act of 1986, which prohibits employers from knowingly hiring individuals who are not authorized to work in the United States. By completing this form, employers establish a record that they have verified an employee’s eligibility with the requisite documentation.
Engaging in the proper completion and retention of the 2023 Form I-9 is crucial for employers, as failing to do so can result in significant penalties and legal complications. It is essential to note that employers must retain completed Form I-9s for each employee for a specific duration. The USCIS provides guidelines on how long employers should retain these forms, which may vary based on organizational factors.
As immigration regulations can change over time, employers should frequently review the USCIS website for any updates or modifications to the 2023 Form I-9 requirements. By maintaining compliance with these regulations, employers demonstrate their commitment to fair employment practices and uphold their legal obligations regarding the hiring and employment of authorized workers in the United States.
