Beginner’s Guide to Form I-9: Understanding Employment Eligibility Verification

Index

• Introduction to Form I-9: A Brief Overview
• Purpose and Importance: The Cornerstone of Employment Verification
• Section 1: Employee Information and Attestation
  • Key Components of Section 1:
  • Best Practices for Completing Section 1:
  • Common Pitfalls to Avoid:
• Section 2: Employer Review and Verification
  • Key Requirements
  • Document Examination Process
  • Completing the Form
  • Best Practices
  • Common Pitfalls to Avoid
• Supplement A: Preparer and/or Translator Certification
  • When to Use Supplement A
  • Key Components
  • Employer Responsibilities
• Supplement B: Reverification and Rehire (formerly Section 3)
  • When to Use Supplement B
  • Reverification Process
  • Rehire Process
  • Best Practices for Supplement B
  • Electronic Completion of Supplement B

Let's demystify Form I-9 and explore its crucial role in today's workforce.

Introduction to Form I-9: A Brief Overview

Form I-9 emerged from the Immigration Reform and Control Act of 1986 (IRCA), a landmark piece of legislation that fundamentally changed the landscape of employment verification in the United States¹. This law, for the first time, placed the onus on employers to verify the identity and work eligibility of their employees, regardless of citizenship status.

The form itself has undergone several iterations since its inception, with the most recent version released in 2023². Despite these updates, its core purpose remains unchanged: to serve as a uniform method for employers to verify an employee's eligibility to work in the United States.

Purpose and Importance: The Cornerstone of Employment Verification

At its heart, Form I-9 serves a dual purpose that is crucial to maintaining the integrity of the U.S. workforce:

1. Verifying Identity: The form requires employees to present documents that establish their identity. This could be a driver's license, passport, or other government-issued identification³.

2. Confirming Work Eligibility: Employees must also provide documentation that proves they are legally authorized to work in the United States. This might include a Social Security card, birth certificate, or immigration documents³.

[Importance of Form I-9]

Form I-9 is more than just bureaucracy; it helps ensure only individuals with legal work authorization are employed, thereby protecting job opportunities for authorized workers and maintaining fair labor standards.

Moreover, Form I-9 plays a crucial role in preventing discrimination. By standardizing the verification process, it helps ensure that all employees, regardless of their national origin or citizenship status, are treated equally during the hiring process⁴.

[Penalty for Non-compliance]

Failure to properly complete and retain Form I-9 can result in severe penalties, including civil fines, criminal penalties, and debarment from government contracts.

From an employer's perspective, proper completion and retention of Form I-9 is not just a legal requirement—it's a safeguard against potentially severe penalties. Failure to comply with I-9 regulations can result in civil fines, criminal penalties, and even debarment from government contracts⁵.

Many employers underestimate the complexity and importance of Form I-9. It's not uncommon to see small businesses treat it as just another piece of paperwork, only to find themselves facing significant fines during an audit.

As we delve deeper into the intricacies of Form I-9 in the following sections, remember that this document is more than just a bureaucratic hurdle. It's a critical tool in maintaining the integrity of the U.S. workforce, ensuring fair employment practices, and upholding the rule of law in our increasingly diverse labor market.

Section 1: Employee Information and Attestation

Section 1 of Form I-9 is a critical component that must be completed by the employee no later than the first day of employment, but not before accepting a job offer. This section serves to collect essential information about the employee and verify their eligibility to work in the United States.

Key Components of Section 1:

Personal Information

• Full legal name (last name, first name, middle initial)
• Other names used, if applicable
• Current address (street name and number, city, state, ZIP code)
• Date of birth
• U.S. Social Security Number (optional, unless the employer participates in E-Verify)
• Email address and telephone number (optional)

Citizenship/Immigration Status Employees must attest to their citizenship or immigration status by checking one of four boxes:

• A citizen of the United States
• A noncitizen national of the United States
• A lawful permanent resident (must provide Alien Registration Number or USCIS Number)
• An alien authorized to work (must provide expiration date, if applicable, and one of the following: Alien Registration Number/USCIS Number, Form I-94 Admission Number, or Foreign Passport Number and Country of Issuance)

[Employee Attestation]

The employee must sign and date the form, attesting under penalty of perjury that the information provided is true and correct. False statements can lead to significant legal consequences.

Preparer and/or Translator Certification

• If applicable, anyone who assists the employee in completing Section 1 must complete this portion

Best Practices for Completing Section 1:

[Accuracy]

Ensure all information is entered correctly and completely. Use "N/A" for fields that do not apply rather than leaving them blank.

Timeliness: Complete Section 1 no later than the first day of employment, but not before accepting a job offer. Assistance: If needed, employees may seek help in completing the form, but they must personally sign Section 1. Language: While the form is available in Spanish, it can only be used as a translation guide outside of Puerto Rico. The English version must be completed. Document Presentation: Employees should be prepared to present original, unexpired documents within three business days of the employment start date.

[E-Verify Participation]

If the employer uses E-Verify, the employee must provide their Social Security number.

Corrections: To correct errors, draw a single line through the incorrect information, enter the correct data, and initial and date the change. Never use white-out. Signature: The employee's signature should be an original, handwritten signature. If unable to sign, a mark (such as "X") can be used.

Common Pitfalls to Avoid:

[Avoid Leaving Fields Blank]

Leaving required fields blank instead of entering "N/A" can lead to delays and non-compliance issues.

• Using abbreviations for names or addresses
• Providing more documentation than required
• Signing and dating the form before accepting a job offer
• Failing to complete the Preparer and/or Translator Certification if assistance was received

By carefully following these guidelines, employees can ensure accurate completion of Section 1, facilitating a smooth employment eligibility verification process. Employers should provide clear instructions and make the form and its guidelines readily available to new hires. Remember, while employers can provide guidance, they cannot tell employees which specific documents to present for verification purposes.

Section 2: Employer Review and Verification

Section 2 of Form I-9 is a component of the employment eligibility verification process, requiring careful attention from employers. This section must be completed by the employer or an authorized representative within three business days of the employee's first day of work.

[Timely Completion]

Ensure this section is completed within the required timeframe (three business days), or, for employment lasting fewer days, on the first day of work.

Key Requirements

• Examine original, unexpired documents presented by the employee.
• Ensure documents appear genuine and relate to the person presenting them.
• Complete the section within three business days of employment start date.
• For employment lasting less than three days, complete on the first day.

Document Examination Process

Employers must physically examine the employee's documents in their presence. However, employers participating in E-Verify may be eligible for remote document examination under certain conditions. The employer must:

1. Allow the employee to choose which documents to present from the Lists of Acceptable Documents.
2. Accept any document or combination of documents that reasonably appear genuine.
3. Refrain from specifying which documents an employee must present.

[Document Discrimination]

Do not request specific documents from employees, as this could be considered discriminatory.

Completing the Form

When filling out Section 2, employers should:

1. Record document information in the appropriate columns:
   • List A documents in the left column
   • List B documents in the center column
   • List C documents in the right column
2. Use common abbreviations for document titles and issuing authorities.
3. Utilize the "Additional Information" space for relevant notes, such as:
   • Employment authorization extensions
   • SEVIS numbers for F-1 or J-1 nonimmigrant employees
   • Replacement document information for receipts
   • E-Verify case verification numbers

Best Practices

To ensure compliance and avoid potential penalties, employers should:

1. Implement a consistent process for document review and form completion.
2. Train authorized representatives on proper procedures and anti-discrimination policies.
3. Regularly audit I-9 forms for accuracy and completeness.
4. Stay informed about updates to Form I-9 requirements and acceptable documents.

[Regular Audits]

Conduct regular internal audits of I-9 forms to identify and correct errors in a timely manner.

Common Pitfalls to Avoid

1. Accepting expired documents.
2. Requesting specific documents from employees.
3. Failing to complete the form within the required timeframe.
4. Neglecting to sign and date Section 2.

[Expired Documents]

Never accept expired documents; they are not valid for employment verification purposes.

Supplement A: Preparer and/or Translator Certification

Supplement A of Form I-9 is specifically designed for situations where an employee receives assistance in completing Section 1 of the form. This assistance may come in the form of preparation or translation services. Here's what you need to know about this important supplement:

Purpose and Function

The primary purpose of Supplement A is to document and certify any third-party assistance provided to an employee when filling out Section 1 of Form I-9. This ensures transparency and accountability in the verification process, particularly when language barriers or other factors necessitate external help.

When to Use Supplement A

When to Use

Supplement A must be completed in the following scenarios:

1. When a preparer fills out Section 1 on behalf of the employee (e.g., due to physical inability or illiteracy).
2. When a translator assists the employee in understanding the form's content and instructions.
3. When both preparation and translation services are provided to the employee.

It's important to note that Supplement A is not required if the employee completes Section 1 independently without any assistance.

Key Components

Supplement A consists of several crucial elements:

1. Employee Information: This section includes the employee's last name, first name, and middle initial, ensuring proper identification.
2. Preparer and/or Translator Certification: This is the core of Supplement A, where the individual providing assistance attests to their role in the process.
3. Signature and Date: The preparer or translator must sign and date the form, confirming the accuracy of the information provided.
4. Personal Information: The assisting individual must provide their full name, address, and contact information for verification purposes.

Multiple Preparers or Translators

In cases where more than one preparer or translator assists the employee, additional Supplement A forms can be used. Each individual who provides assistance must complete and sign a separate Supplement A.

Employer Responsibilities

While Supplement A is primarily completed by the preparer or translator, employers have important responsibilities:

1. Ensure that Supplement A is properly completed when assistance is provided to an employee.
2. Verify that all required fields are filled out accurately and completely.
3. Retain Supplement A along with the rest of Form I-9 for the required retention period.

Compliance Considerations

Proper completion and retention of Supplement A is crucial for I-9 compliance. Failure to do so may result in penalties during government audits. Employers should implement clear policies and procedures for handling situations where employees require assistance in completing Section 1.

Supplement B: Reverification and Rehire (formerly Section 3)

This section ensures ongoing compliance with immigration laws and maintains the integrity of a company's workforce. Let's delve into the intricacies of Supplement B and explore when and how employers should use it.

When to Use Supplement B

Supplement B serves two primary purposes:

1. Reverification: Employers must complete this section when an employee's employment authorization or documentation expires.
2. Rehires: It's used when rehiring an employee within 3 years of their original Form I-9 completion date.

Additionally, employers may use Supplement B to record an employee's legal name change, although this is not mandatory.

[Note on Legal Name Changes]

While not legally required, recording an employee's legal name change in Supplement B is recommended to keep accurate and up-to-date records.

Reverification Process

Reverification is a crucial step in maintaining compliance with employment eligibility requirements. Here's what employers need to know:

• Timing: Reverification must occur no later than the date an employee's work authorization expires.
• Document Requirements: Employees must present unexpired documentation from List A or List C demonstrating current work authorization.
• Restricted Documents: Employers must reject restricted Social Security cards and request alternative documentation.
• Completion: Enter the employee's name, new document information, and expiration date in Supplement B. Sign, date, and attach it to the original Form I-9.

[Attention on Timing]

Failure to reverify an employee's work authorization by the expiration date can result in significant penalties and legal complications.

It's important to note that reverification doesn't apply to U.S. citizens, noncitizen nationals, or certain noncitizens with permanent work authorization, unless they choose to present time-limited documentation.

Rehire Process

When rehiring an employee within three years of their original Form I-9 completion, employers have two options:

1. Complete a new Form I-9.
2. Use Supplement B of the previously completed Form I-9.

To use Supplement B for rehires:

1. Confirm the original Form I-9 relates to the employee.
2. Review the original form to verify continued work authorization.
3. If still authorized and documentation is unexpired, enter the rehire date in Supplement B.
4. If no longer authorized or documentation has expired, request new List A or List C documentation and complete Supplement B accordingly.

Best Practices for Supplement B

To ensure compliance and efficiency when using Supplement B:

1. Stay Organized: Implement a robust tracking system for expiration dates to avoid missed reverifications.
2. Train HR Staff: Ensure all personnel handling I-9 forms understand the nuances of Supplement B.
3. Use Current Forms: Always use the most up-to-date version of Form I-9 and Supplement B, available on the USCIS website.
4. Document Retention: Keep completed Supplement B forms with the original I-9 for the required retention period.
5. Name Changes: While not required, it's recommended to record legal name changes in Supplement B to maintain accurate records.

[Retention Reminder]

Be sure to keep completed Supplement B forms attached to the original Form I-9 and retained for either three years from the date of hire or one year after employment ends, whichever is later.

Electronic Completion of Supplement B

For employers using electronic I-9 systems, the process for completing Supplement B may vary slightly:

• Onsite Completion: The I-9 manager can select documents, fill in required fields, and electronically sign the form.
• Remote Completion: An authorized representative can be designated to complete Supplement B on behalf of the employer, following a secure electronic process.

[Digital Process]

Utilize secure electronic systems to ensure that all steps, including signatures, are properly authenticated and compliant with USCIS regulations.

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Citations:

Footnotes

1. https://workforce.com/news/a-brief-history-of-the-i-9-form ↩

2. https://www.uscis.gov/i-9 ↩

3. https://www.investopedia.com/articles/personal-finance/042315/purpose-i9-form.asp ↩ ↩²

4. https://checkr.com/resources/articles/form-i-9 ↩

5. https://www.boundless.com/immigration-resources/form-i-9-explained/ ↩