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I9 IRS Form

The I9 IRS Form, also known as the Employment Eligibility Verification Form, is a document used by employers to verify the identity and employment eligibility of individuals hired to work in the United States. The form is issued by the U.S. Citizenship and Immigration Services (USCIS) and is mandatory for employers to complete for every employee they hire, including both citizens and noncitizens.

Overview:

The I9 IRS Form is an essential component of the employment process, ensuring that employers comply with federal laws and regulations regarding the hiring of individuals who are authorized to work in the United States. The form requires employees to provide specific documentation to establish their identity and employment eligibility.

Purpose:

The primary purpose of the I9 IRS Form is to prevent the unlawful hiring of individuals who are not authorized to work in the United States. By completing this form, employers demonstrate their commitment to hiring individuals who are eligible to work legally, thus reducing the risk of potential penalties and sanctions.

Completion Process:

When a new employee is hired, the employer must provide them with the necessary instructions and the I9 IRS Form. The employee is then responsible for completing Section 1 of the form, which requires them to provide personal information such as their full legal name, address, date of birth, and Social Security number (if applicable).

After completing Section 1, the employee must present original identity and employment authorization documents to the employer. These documents may include a U.S. passport, permanent resident card, employment authorization document, or a combination of documents as specified in the instructions accompanying the form.

Once the employee presents the required documents, the employer is responsible for completing Section 2 of the I9 IRS Form. This section involves examining the presented documents to determine their authenticity and recording the necessary information, such as document type, issuing authority, and expiration date.

Employer Responsibilities:

Employers have several important responsibilities when it comes to completing and retaining the I9 IRS Form. These include:

  1. Ensuring proper completion: Employers must ensure that employees accurately complete Section 1 of the form and that they provide the appropriate original documents for verification in Section 2.
  2. Reviewing document authenticity: Employers are responsible for reviewing the authenticity of the presented documents and ensuring they reasonably appear to be genuine and relate to the employee presenting them.
  3. Retaining and storing forms: Employers must retain completed I9 IRS Forms for all current employees. The forms must be kept on file for a predetermined period, typically either three years from the date of hire or one year after the employee’s termination, whichever is later.

Consequences of Noncompliance:

Noncompliance with the requirements of the I9 IRS Form can result in severe penalties for employers. The U.S. Immigration and Customs Enforcement (ICE) agency conducts audits and investigations to ensure compliance. Penalties for violations can range from monetary fines to criminal charges, depending on the severity and frequency of noncompliance.

Conclusion:

The I9 IRS Form is a vital tool for verifying the identity and employment eligibility of individuals hired to work in the United States. By properly completing and retaining this form, employers demonstrate their commitment to upholding immigration laws and maintaining a legal workforce. It is essential for employers to familiarize themselves with the requirements of the form and ensure compliance to avoid potential penalties and legal ramifications.