F

Form I-9

What Is Form I-9?

Form I-9, officially known as the Employment Eligibility Verification Form, is a document mandated by the United States Citizenship and Immigration Services (USCIS). It is used by employers in the United States to verify the identity and employment authorisation of individuals hired for work within the country.

Every employer must ensure that Form I-9 is completed and retained for each employee hired after 6 November 1986, regardless of their citizenship or immigration status.

Who Needs to Complete Form I-9?

Form I-9 must be completed by:

• All new employees, including U.S. citizens and non-citizens
• Employers, who are responsible for verifying the documents presented by the employee
• Both parties, who must sign the form to certify the authenticity of the information provided

Employees are required to fill in their personal details and attest to their employment eligibility, while employers must review and record acceptable identification documents.

Sections of Form I-9

Form I-9 is divided into three main sections

1. Section 1 – Employee Information and Attestation
   

   Completed by the employee on or before the first day of employment. It includes details like:

   • Full legal name
   • Date of birth and address
   • Citizenship or immigration status
   • Signature and date
2. Section 2 – Employer Review and Verification
   

   Completed by the employer within 3 business days of the employee’s start date. The employer must:

   • Physically examine acceptable documents presented by the employee
   • Fill in document details like document title, number, and expiry date
   • Confirm employment eligibility
   • Provide their signature and business information
3. Section 3 – Reverification and Rehires
   

   Used when:

   • An employee’s work authorisation expires
   • A previous employee is rehired within 3 years
   • Their name changes (in some cases)

Acceptable Documents for Form I-9

To complete verification, employees must provide:

• One document from List A (e.g. U.S. Passport, Permanent Resident Card), or
• One document from List B (e.g. driver’s licence) and One from List C (e.g. Social Security card)

These documents must be valid and original. Photocopies are not accepted unless they are certified copies of birth certificates.

Form I-9 Retention Requirements

Employers must retain Form I-9 for each employee either

• For three years after the date of hire, or
• For one year after employment ends — whichever is later.

The form must be made available for inspection by U.S. Immigration and Customs Enforcement (ICE) or Department of Labor (DOL) officers upon request.

Penalties for Non-Compliance

Failure to comply with Form I-9 requirements can lead to:

• Civil fines for incomplete or missing forms
• Criminal penalties for knowingly hiring unauthorised workers
• Disqualification from government contracts
• Worksite audits or inspections by immigration authorities

Hence, employers must be diligent in both form accuracy and recordkeeping.

Importance of Form I-9

• Verifies an employee's legal right to work in the United States
• Protects employers from hiring individuals who lack authorisation
• Serves as a safeguard against identity fraud and illegal employment
• Maintains compliance with federal hiring laws

Although it is a U.S.-specific form, understanding Form I-9 is important for global HR professionals managing international hiring or expanding into the United States.