How to Fill Out an I-9 Form | Step-by-Step Guide

The I-9 form, officially known as the Employment Eligibility Verification form, is a crucial document that employers in the United States must complete for each new hire. This form verifies the identity and employment authorization of individuals hired for employment in the U.S.

In this guide, we'll walk you through the steps of filling out the I-9 form accurately, ensuring compliance with federal regulations. Let's dive into what the I-9 form is, why it's important, and how to complete it correctly.

What is an I-9 Form?

The I-9 form is a federal form used by employers to verify the identity and legal authorization to work of all paid employees in the United States. This form is mandated by the Immigration Reform and Control Act of 1986 and is essential for preventing unauthorized employment.

Why is the I-9 Form Important?

Completing the I-9 form is a legal requirement for all U.S. employers. Failure to properly fill out and retain I-9 forms can result in significant fines and penalties for employers. It helps ensure that the workforce is legally authorized to work in the U.S., maintaining the integrity of the job market.

You can learn more about the Employee Onboarding Software Guide.

Step-by-Step Guide to Filling Out an I-9 Form

Section 1: Employee Information and Attestation

1. Employee Details: The employee must fill out their full name, address, and date of birth. If the employee has used other names, these should also be listed.

2. Citizenship/Immigration Status: The employee must attest to their citizenship or immigration status by checking the appropriate box:

• A U.S. citizen

• A noncitizen national of the U.S.

• A lawful permanent resident (give the Alien Registration Number/USCIS Number).

• An alien authorized to work (provide expiration date and, if applicable, Alien Registration Number/USCIS Number or Form I-94 Admission Number)

3. Signature and Date: The employee must sign and date the form. If someone assists the employee in completing the form, that person must fill out the Preparer and/or Translator Certification section.

Section 2: Employer Review and Verification

1. Examine Documents: The employer must examine one document from List A (documents that establish both identity and employment authorization) one document from List B (documents that establish identity) and one document from List C (documents that establish employment authorization). These lists can be found on the last page of the I-9 form.

2. Record Document Information: The employer must record the document title, issuing authority, document number, and expiration date (if any) in the appropriate fields.

3. Certification: The employer must fill in the date the employee began employment and sign and date the certification. The employer also needs to print their name, title, and the employer's business name and address.
   
   

Section 3: Reverification and Rehires

This section is used for verification of employment authorization or for rehiring an employee within three years of the date the original I-9 form was completed.

1. New Name (if applicable): If the employee’s name has changed, enter the new name.

2. Document Updates: Enter the new document information if the employee’s previous employment authorization has expired.

3. Signature and Date: The employer must sign and date this section.
   
   

Also Read: How To Improve Employee Attendance

Common Mistakes and How to Avoid Them

• Incomplete Forms: Ensure all fields are filled out correctly and completely.

• Expired Documents: Do not accept expired documents. Ensure all documents presented are current.

• Incorrect Document Types: Only accept documents from the specified lists (A, B, and C) provided in the form instructions.

• Late Submission: Employees must complete Section 1 by their first day of employment, and employers must complete Section 2 within three business days.

Legal Implications of Non-Compliance

Employers who fail to complete or retain I-9 forms can face significant fines and penalties. Non-compliance can lead to civil penalties ranging from $234 to $2,332 per violation, and criminal penalties for a pattern of violations can be much higher.

Electronic I-9 Forms

The I-9 form can be completed and stored electronically. This option can streamline the process and ensure that forms are easily accessible and securely stored. However, electronic signatures and storage must meet specific requirements as outlined by the USCIS.

Find Out More: Best Practices for Managing Employee Performance

Handling Special Scenarios

• Rehires: If rehiring an employee within three years of the original hire date, employers must complete Section 3.

• Reverification of Expired Documents: Employees with expired work authorization must present new documents, and Section 3 should be updated accordingly.

• Name Changes: Record any legal name changes in Section 3.
  
  

Conclusion

Filling out the I-9 form correctly is essential for compliance with U.S. employment laws. By following this step-by-step guide, both employers and employees can ensure that the form is completed accurately and timely. Always stay informed about any updates to the form or changes in regulations to maintain compliance.

FAQs

Q. What is the I-9 Form Used For?

A. The I-9 form is used to verify the identity and employment authorization of individuals hired for employment in the United States. Employers must complete and keep a Form I-9 for each employee they hire.

Q. Who Needs to Fill Out an I-9 Form?

A. All employees hired after November 6, 1986, must complete an I-9 form. This includes U.S. citizens, permanent residents, and noncitizen nationals. Employers must complete Section 2 of the form for every new hire.

Q. When should the I-9 Form Be Completed?

A. Section 1 must be completed by the employee no later than the first day of employment. Section 2 must be completed by the employer within three business days of the employee's first day of work.

Q. What Documents Are Required for the I-9 Form?

A. Employees must present original documents that establish their identity and employment authorization. They can choose to present one document from List A, which verifies both identity and employment authorization or one document from List B (identity) and one document from List C (employment authorization). The lists of acceptable documents are provided on the last page of the I-9 form.

Q. How Long Must Employers Keep the I-9 Form?

A. Employers must retain I-9 forms for three years after the date of hire or one year after the date employment ends, whichever is later. Forms can be stored on paper, microfilm, microfiche, or electronically.