Form I-9, Employment Eligibility Verification, is a crucial document for employers in the United States. It’s used to verify the identity and employment authorization of individuals hired for employment in the U.S. This guide breaks down the Form I-9 into its core components and clarifies employer responsibilities.
Decoding the Form I-9 Structure
The Form I-9 is structured into four distinct parts, each serving a specific purpose in the verification process. Understanding these parts is essential for compliance.
Page 1: Employee Information and Employer Review
Page 1 is the central hub of Form I-9 completion, involving both the new employee and the employer.
- Section 1: Employee Information and Attestation: New employees are responsible for completing Section 1. Here, they must provide personal information and attest to their employment authorization status. Critically, employees must present acceptable documents from the Lists of Acceptable Documents to their employer to substantiate their claim of employment authorization.
- Section 2: Employer Review and Verification: Employers take over in Section 2. Upon receiving the documents from the employee, employers are mandated to meticulously examine these documents. They must then record the document information directly into Section 2, certifying that the documents reasonably appear to be genuine and relate to the employee. It’s worth noting that certain designated employers, authorized by the Department of Homeland Security (DHS) to utilize alternative procedures for remote document examination, must indicate this by checking the designated box in Section 2.
Page 2: Lists of Acceptable Documents
Page 2 is a resource page, providing the Lists of Acceptable Documents.
- Lists of Acceptable Documents: This page contains the detailed lists of documents that are acceptable for employees to present as proof of identity and employment authorization. Employers are required to provide these lists to their employees, either as a physical hard copy or through a hyperlink to the form itself. Importantly, employers are not required to retain Page 2 with the employee’s completed Form I-9. This page serves purely as an informational resource for employees.
Page 3: Supplement A – Preparer and/or Translator Certification for Section 1
Page 3 introduces Supplement A, addressing situations where employees receive assistance in completing Section 1.
- Supplement A: Preparer and/or Translator Certification: If a preparer or translator assists an employee in completing Section 1, this supplement comes into play. Employers are responsible for ensuring that any preparer or translator who provides assistance completes Supplement A. This completed supplement must then be retained along with the employee’s Form I-9. However, if the employee completes Section 1 independently without assistance, then Supplement A is not required. In such cases, employers are not obligated to print, provide, or retain Page 3.
Page 4: Supplement B – Reverification and Rehire (Formerly Section 3)
Page 4 presents Supplement B, which deals with reverification and rehire scenarios.
- Supplement B: Reverification and Rehire: Supplement B (formerly known as Section 3) is used for two specific instances: reverification and rehire. Employers are required to complete and retain Supplement B when an employee’s employment authorization requires reverification, or in certain cases, when their employment authorization documentation needs to be re-verified. Supplement B is also utilized if an employer chooses to formally document a rehire of an employee. Unless reverification is necessary or an employer chooses to document a rehire, Page 4 is not needed. In typical situations, employers do not need to print, provide, or retain this page with the initial Form I-9.
Employer Responsibilities Beyond Form Completion
Beyond the form itself, employers have additional responsibilities to ensure Form I-9 compliance.
Providing Instructions and Access
Employers must ensure that all new employees have access to the official Instructions for completing Form I-9. This can be done by providing a hard copy of the instructions or by providing a direct hyperlink to the instructions online. The Form I-9 webpage itself conveniently links back to these instructions.
Retention and Inspection
Employers are legally obligated to retain all completed pages of Form I-9 for a specific duration. These forms must be readily available for inspection by authorized government officers upon request. Proper retention and accessibility are critical aspects of I-9 compliance.
Spanish Language Form Considerations
It’s important to note the specific rule regarding the Spanish-language version of Form I-9. Only employers located in Puerto Rico are permitted to complete the Spanish-language version of Form I-9 instead of the English version. However, any employer, regardless of location, may utilize the Spanish-language form and instructions as a translation aid for employees who prefer to review the form in Spanish. The official form for record-keeping in most of the US remains the English version.
Digital Form I-9 and Compliance
The Form I-9 is designed as a fillable form, allowing for answers to be typed directly into the digital form, excluding the signature blocks. However, it is imperative to understand that while fillable, this form must be printed and manually signed by both the employee and employer. Electronic signatures are not compliant with DHS standards for this fillable form. This is because the fillable form itself does not meet the stringent DHS requirements for electronic Form I-9 generation, storage, and retention systems as outlined in 8 CFR section 274a.2. Failure to adhere to DHS standards for electronically managing Form I-9s can result in significant fines and other penalties. Therefore, printing and manual signatures are essential when using the fillable PDF version to maintain full compliance.
Conclusion: Ensuring I-9 Compliance
Form I-9 compliance is a critical responsibility for all US employers. Understanding the structure of the form, the different sections, and employer obligations is paramount. By adhering to these guidelines, employers can ensure they are meeting their legal requirements and maintaining a compliant workforce.
