Form I-9, officially called the Employment Eligibility Verification Form, is a mandatory document issued by the U.S. Citizenship and Immigration Services (USCIS). It plays a key role in confirming a person’s identity and their legal authorization to work in the United States. This requirement applies to all employers in the U.S., and it’s essential for organizations to complete and retain this form accurately to comply with federal immigration laws.
Who Must Complete Form I-9?
Every employer in the United States must ensure that a Form I-9 is properly completed for each new employee hired after November 6, 1986. This includes citizens, permanent residents, and individuals with work authorizations. Both the employer and the employee have responsibilities in completing this form.
How the I-9 Process Works
The I-9 process is divided into sections, each requiring timely and accurate completion:
Section 1: Completed by the Employee
-
Must be filled out on or before the first day of employment.
-
The employee provides personal details including full name, date of birth, address, Social Security number (if applicable), and immigration status.
-
A signature is required to certify the accuracy of the information.
-
Email and phone number are optional fields.
Section 2: Completed by the Employer
-
Must be completed within three business days of the employee’s first day of work.
-
The employer must examine original documents presented by the employee that verify their identity and employment authorization.
-
The employer records document details such as the title, issuing authority, document number, and expiration date (if applicable).
-
The employer certifies the review and retention of the documents.
Section 3: For Reverification or Rehiring
-
Used to update or reverify an employee’s work authorization if it expires.
-
Also used when re-hiring an employee within three years of the original hire date.
Acceptable Documents
Employees must present either:
-
One document from List A (proving both identity and authorization), or
-
One document from List B (identity) AND one from List C (work authorization).
Examples include:
-
List A: U.S. Passport, Permanent Resident Card (Green Card), Employment Authorization Document (Form I-766), or a foreign passport with a valid Form I-94.
-
List B: State-issued driver’s license or ID card, school ID, or military card.
-
List C: Social Security card, birth certificate issued by a U.S. state, or a certification of report of birth from the U.S. Department of State.
Retention Requirements
Employers are required to retain the completed Form I-9 for a specific duration:
-
Three years after the date of hire, or
-
One year after employment ends—whichever is later.
Forms may be stored in paper format, microfilm, or electronic systems, but they must be readily available in case of an inspection.
Common Mistakes to Avoid
To ensure compliance, employers must avoid frequent errors such as:
-
Failing to complete Section 1 on or before the first day of employment.
-
Not completing Section 2 within three business days of hire.
-
Asking employees to submit specific documents rather than allowing them to choose from the accepted lists.
-
Using outdated versions of the I-9 form.
-
Failing to reverify employees with expiring work authorization.
-
Improperly storing or discarding I-9 forms before the required retention period ends.
Penalties and Compliance Risks
Non-compliance can lead to costly penalties. Civil fines range from $281 to $2,789 per violation, depending on the severity and whether the errors are considered technical or substantive. Serious or repeated violations may result in criminal charges or disbarment from federal contracts.
Some errors, such as incorrect birthdates or missing dates, may be correctable within 10 business days of an audit notice. However, missing signatures, skipped sections, or use of the wrong version of the form are usually considered substantive and not correctable after the fact.
Using Electronic Form I-9 Solutions
EMP Trust provides secure, automated electronic I-9 solutions that help streamline the verification process and ensure compliance. Benefits of using an electronic system include:
-
Real-time validation and error checking.
-
Secure document storage and audit trails.
-
Integration with E-Verify.
-
Automatic alerts for reverification deadlines.
-
Reduced risk of fines due to human error.
I-9 Audits and Internal Reviews
Regular internal audits of I-9 forms are recommended to identify and fix issues before a government inspection occurs. If the Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE) requests an audit, employers typically have 72 hours to present their I-9 records.
