The Federal I-9 Form, also known as the Employment Eligibility Verification Form, is a crucial document used by employers in the United States to verify the identity and employment eligibility of individuals hired for employment. The form is provided by the U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS). It is mandatory for employers to complete and retain this form for every employee they hire.
Overview:
The Federal I-9 Form plays a pivotal role in ensuring that employers follow federal regulations related to hiring authorized workers and preventing illegal employment practices. Its primary purpose is to document the identity and employment eligibility of individuals, regardless of their citizenship, who are seeking employment in the United States.
Key Information:
The Federal I-9 Form consists of three sections and is accompanied by detailed instructions for both employers and employees. Here is a breakdown of the key information required in each section:
Section 1: Employee Information and Attestation
In this section, newly hired employees are required to furnish personal details such as their full name, address, date of birth, Social Security number (if applicable), immigration status (if noncitizen), and the date they began employment. They are also required to attest to their citizenship or immigration status and provide necessary supporting documents to establish their identity and employment eligibility.
Section 2: Employer or Authorized Representative Review and Verification
The employer or an authorized representative must review the supporting documents provided by the employee in Section 1. The employer must examine the documents to ensure they are genuine, relate to the employee, and appear to be legally valid. The employer or authorized representative must then complete the employer certification section by recording the document title, issuing authority, document number, expiration date (if applicable), and the date employment begins.
Section 3: Reverification and Rehires (if applicable)
This section is used for employers who need to reverify the employment eligibility of certain employees or employees who require rehire within three years of the initial I-9 form completion. This section aids in maintaining accurate and up-to-date records of an employee’s employment eligibility.
Importance and Legal Compliance:
The Federal I-9 Form serves as a cornerstone of compliance with the Immigration Reform and Control Act of 1986 (IRCA), which prohibits employers from knowingly hiring individuals who are not authorized to work in the United States. By completing and retaining the I-9 forms, employers protect themselves from penalties that may be imposed for noncompliance, including fines, loss of business licenses, and even criminal sanctions.
Employers are required to make the forms available for inspection by authorized government officials, who may conduct audits and investigations to ensure compliance with immigration laws. It is crucial to maintain current and accurate I-9 forms for all current employees and for terminated employees for the required retention period.
Penalties for noncompliance with I-9 form regulations can be severe. Employers must ensure they follow the proper procedures outlined in the USCIS Handbook for Employers (Form M-274) and stay up to date with any revisions or changes to the form or its requirements.
Conclusion:
In summary, the Federal I-9 Form serves as a crucial tool for employers to verify the employment eligibility of individuals they hire. By completing and retaining these forms, employers fulfill their obligations under federal law, protect themselves from potential penalties, and contribute to the fight against unauthorized employment. Employers must familiarize themselves with the proper procedures and requirements outlined by the USCIS to ensure compliance and maintain accurate records.
