Form I-9, mandated by the U.S. Department of Homeland Security, is designed to verify the identity and employment authorization of individuals employed in the United States. This form is a cornerstone of lawful hiring practices, ensuring that only individuals with legal authorization are employed, thereby safeguarding the integrity of the U.S. workforce.
It obligates employers to diligently verify the employment eligibility and identity of their employees, and it requires employees to furnish proof of their eligibility to work in the U.S. This mutual responsibility ensures a transparent and legal employment process, reinforcing the legal framework that governs employment in the country.
Employers: Every employer operating within the U.S. must complete Form I-9 for each person on their payroll who is required to fill out the form. This includes permanent residents, citizens, and temporary workers under U.S. immigration law. For additional help and instructions, you can check out the handbook for employers (M-274).
Employees: Individuals hired for employment in the United States must provide their employers with documentation that verifies their identity and legal authorization to work. The list of acceptable documents can be found on the second page of the form. This includes U.S. citizens, noncitizen nationals, lawful permanent residents, and aliens authorized to work.
Section 1: Employees are required to fill out Section 1 of Form I-9 no later than their first day of employment. This section collects basic personal information and attests to their employment authorization.
Section 2: Employers must complete Section 2 within three business days of the employee's start date. This involves examining documents provided by the employee that prove their identity and work eligibility.
Record Retention: Employers must retain the completed Form I-9 for all current employees and a designated period after employment ends—either three years after the date of hire or one year after employment termination, whichever is later.
Employers and employees must navigate the Form I-9 process with attention to detail to avoid common pitfalls, such as:
Effective I-9 verification involves training HR personnel, conducting internal audits, correcting errors, and utilizing electronic management systems for the forms.
To keep abreast of I-9 verification changes, regularly consult the USCIS website, subscribe to newsletters, and participate in compliance training sessions.
I-9 verification by an Employer of Record (EOR) involves the EOR validating a new hire's eligibility to work in the U.S. by reviewing and authenticating the I-9 form. This process is essential for ensuring that EOR-hired individuals are legally authorized to work in the U.S., supporting compliance with employment laws even for companies operating globally.
