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Main / Glossary / Federal I-9 Form 2018

Federal I-9 Form 2018

The Federal I-9 Form 2018, commonly known as the I-9 Form, is a crucial document used by employers in the United States to verify the identity and employment eligibility of their employees. This form is mandated by the U.S. Citizenship and Immigration Services (USCIS), an agency within the Department of Homeland Security (DHS).

The purpose of the I-9 Form is to ensure that employers hire only individuals who are authorized to work in the country. By completing this form accurately and timely, employers fulfill their legal obligations and contribute to maintaining the integrity of the U.S. workforce. Understanding the key aspects of the I-9 Form is of utmost importance for employers and their human resources personnel, as failure to comply with its requirements can result in severe penalties and legal consequences.

The I-9 Form consists of three sections, and employers must complete it for each newly hired employee, including both citizens and non-citizens. Section 1 of the form must be completed by the employee, attesting to their status and providing personal information, such as their full legal name, date of birth, and citizenship or immigration status. The employee also needs to sign and date their entry in this section.

Once the employee has completed Section 1, it is the employer’s responsibility to complete Section 2 of the I-9 Form. In this section, the employer must physically verify the employee’s original documents that establish their identity and employment eligibility. Acceptable documents include a U.S. passport, a Permanent Resident Card, or a combination of specific identification and work authorization documents outlined on the form. The employer must examine the documents to ensure that they reasonably appear to be genuine and relate to the employee presenting them.

It is crucial to note that employers cannot specify which document(s) they will accept from the employee. As stipulated by the regulations, the employee has the right to choose which documents to present, as long as they are listed as acceptable on the I-9 Form. Employers, therefore, need to be well-versed in these acceptable document options to effectively verify their employees’ eligibility to work in the United States.

Once the employer has verified the employee’s documents, they must complete Section 2 by recording the document title, issuing authority, document number, expiration date (if applicable), and the date of employment. Employers must also sign and date this section, certifying that they have reviewed the provided documents and that they reasonably appear to be genuine and relate to the employee.

In certain circumstances, if an employee cannot present the required documents within the specified time frame, they may provide a receipt indicating the application or petition for the necessary document. In such cases, the employee must present the actual document within a designated period, generally within 90 days.

Employers must retain the completed I-9 Forms for each employee for a designated period, generally three years after the date of hire or one year after the date of termination, whichever is later. It is essential for employers to store these forms properly and make them available for inspection by authorized government officials, if requested.

The Federal I-9 Form 2018 ensures that employers uphold their legal responsibilities by verifying the identity and eligibility of their employees to work in the United States. By adhering to the guidelines outlined in this document, employers contribute to a lawful and productive workforce, while avoiding potential penalties and legal repercussions. It is essential for employers and their human resources professionals to understand the intricacies of the I-9 Form to streamline their hiring and employment processes, fostering compliance with U.S. immigration laws.