What I-9 Form?

This form is a staple in the hiring process for all U.S. employers, applicable to both citizens and noncitizens alike. The form serves as a foundational piece of the verification process, ensuring that every employee working in the U.S. is legally authorized to do so under federal employment law. By completing the I-9 form, employers adhere to the Immigration and Nationality Act (INA), fulfilling their obligations under the Department of Homeland Security (DHS) regulations.

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How Does I-9 Form Work?

The process of completing an I-9 form involves collaboration between the employee and the employer. 

1. Initially, an employee is required to attest to their legal authorization to work in the United States by providing accurate employee information. 
2. Subsequently, they must present their employer with a set of acceptable documents, which may include identification documents and Employment Authorization Documents (EAD), to prove both their identity and work authorization. 
3. It is the employer's responsibility to examine these documents thoroughly, ensuring they are genuine and correspond to the employee presenting them. The details of these documents are then recorded on the employee’s I-9 form. 

In certain cases, employers have the option to utilize a DHS-authorized alternative procedure for remote examination of these documents, which must be indicated on the form accordingly. This comprehensive verification process underscores the importance of immigration compliance and anti-discrimination provisions, safeguarding the legal employment status of workers in the U.S.

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I-9 Form Examples

View Form I-9, issued by the U.S. Citizenship and Immigration Services under the Department of Homeland Security, on this link. This mandatory document is for employment eligibility verification in the United States. It mandates that employers provide the form's instructions to employees and comply with its requirements, emphasizing the prohibition of discrimination based on citizenship, immigration status, or national origin in the documentation process.

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Key Components of I-9 Form

The Form I-9, mandated by the U.S. Citizenship and Immigration Services (USCIS), is divided into four parts, each serving a specific purpose in the employment verification process.

• Page 1 is designed for both the new employee and their employer to complete. The employee is required to attest to their employment authorization and present documents that verify their identity and work authorization. The employer's role is to examine these documents for authenticity and to record the details in Section 2. Notably, there is a provision for employers who opt to remotely examine documents under a DHS-authorized procedure to indicate this choice on the form. 
• Page 2 lists acceptable documents that the employee can present, which employers are obliged to provide access to, either as a hard copy or via a hyperlink. However, it is not necessary for this page to be retained with the Form I-9 documentation. 
• Page 3 features Supplement A, focusing on Preparer and/or Translator Certification for those employees who require assistance in completing Section 1. This page must be filled out and kept with the Form I-9 if used. 
• Page 4 contains Supplement B, which deals with Reverification and Rehire. This section is completed and retained only when an employee's employment authorization needs to be reverified or in instances of rehiring. 

Furthermore, employers are responsible for ensuring that all employees have the necessary instructions for filling out the Form I-9, making these available through a hard copy or a hyperlink. It's crucial for all completed pages of the Form I-9 to be retained for a specified period to be accessible for inspection by authorized government officials. The Spanish-language version of the Form I-9 is available for use in Puerto Rico, and as a translation guide elsewhere, acknowledging the anti-discrimination provisions and fostering a more inclusive work environment. 

The fillable nature of Form I-9 necessitates that all signatures be manually signed, adhering to DHS standards to avoid potential penalties. 

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I-9 Form vs W-4 Form

• I-9 Form: Used to verify the identity and employment authorization of individuals employed in the United States. It requires documentation from the employee to prove their eligibility to work. Employers must complete and retain the form.
• W-4 Form: Used by employees to indicate their tax withholdings to their employer. It helps employers withhold the correct federal income tax from the employee's pay.

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I-9 Form in a Nutshell

• Mandatory for All Employees: Both U.S. citizens and noncitizens must complete it upon hiring.
• Verification Requirement: Employers are required to verify employee documentation from Lists A, B, or C.
• Retention and Inspection: Employers must retain completed forms and present them for inspection if requested by authorized government officials.

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I-9 Form FAQs

Who Qualifies for I-9 Form?

The I-9 form must be completed by all employees, both citizens and noncitizens, hired for employment in the United States. This requirement ensures that individuals are authorized to work in the U.S., in compliance with the Immigration Reform and Control Act (IRCA) of 1986. 

How can the I-9 Form be used?

The form is used by employers to verify the identity and legal authorization to work of all paid employees. New hires are required to complete and sign Section 1 of the form no later than the first day of employment, while employers must complete Section 2 after examining the employee's documentation that proves identity and employment authorization within three business days of the employee's start date.

What types of documents are acceptable for completing Form I-9?

For Form I-9 completion, employees need to provide documents that verify both their identity and authorization to work. They have three lists to choose from: List A documents, which establish both identity and employment authorization (e.g., U.S. Passport, Permanent Resident Card); List B documents, which establish identity only (e.g., Driver’s License, School ID card); and List C documents, which establish employment authorization only (e.g., Social Security account number card, Employment authorization document issued by DHS). Employees presenting a List A document do not need to present documents from List B or C.