Form I-9 - Explained
What is Form I-9?
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What is the I-9 Form?
Form I-9 is referred to as a form of the United States Citizenship and Immigration Services. It is the official Employment Eligibility Verification which the Immigration Reform and Control Act of 1986 mandated. This form is utilized in the verification of legal permission to work and the identity of all paid employees in the U.S. Every employer in the United States must ensure that each employee they hire has successfully completed the Form I-9.
Back To: HUMAN RESOURCES, EMPLOYMENT, & LABOR
How to Use Form I-9
According to the 1986 Immigration Reform and Control Act (IRCA), employers are required to verify that newly employed workers in the U.S. submit valid facial documents confirming the employees identity, as well as, legal permit to accept employment in the U.S. The federal government provides the I-9 or more appropriately, the Employment Eligibility Verification Form for the purpose of verification. It is stated that an I-9 form must be completed by all employees hired after the 6th of November, 1986 upon hire. Upon commencement of employment, Section 1 of the I-9 must be completed by all employees. Section 2 must be completed by the employer within the first three days the employee starts working. The employer must ensure the successful completion of the form and its timely submission. Contractors or unpaid volunteers do not need to fill out the I-9. However, a company might still be liable if it outsources work to a contractor whom they know is unauthorized or employs workers who are. Since the introduction of the first form in 1987, several versions of the I-9, Employment Eligibility Verification, have been introduced. Not every version of the I-9 form is valid for use. In order to know if you are using the right I-9 version, check for the revision date. This date can be located on the bottom left part of the form. This is different from the expiry date printed on top of the form. At the moment, the valid forms are only those reflecting the revision date: In a situation where the employee cant read or write in the English language, a preparer or translator may fill the form and also sign it on the employees behalf. But it is important to know that the employees personal signature is also required in the form.
Prerequisites for employees
While completing the I-9, under perjury penalty, prospective employees affirm that they belong to one of the undermentioned categories: A citizen of the United States A non-U.S. citizen national A foreigner permitted to work or A legal permanent resident. Document proving identity or employment authorization With the I-9, it is mandatory for prospective employees to provide documents which certify their eligibility to work. Various documents are acceptable in a certain combination with another. It is important that the prospective employee provides the following: One document that confirms identity, as well as, employment eligibility (on List A on Form I-9) or One document that confirms identity (on List B) alongside another document which confirms employment eligibility (on List C). Each and every documentation shall not have expired as of the 3rd of April, 2009.
It is mandatory that employers reverify or update specific ID documents before or upon their expiration date. This process is not necessary for presented and accepted Permanent Resident Cards or non-expired U.S. Passports whenever they expire. Neither does it apply to any List B document such as a state ID or a state drivers license. The limited requirements, as well as, the allowed scenarios of reverification are listed on the USCIS website, in the Employer part of the Employers Bulletins. For citizens of the United States, form I-9 is valid continuously. The only exception for this validity is when there is an employment break that exceeds one year. International employees on H-1B, J-1, or F-1 visas must reverify their I-9 every time it expires. It must have an entirely new work authorization permit. This visa must be renewed with EAD, work authorization, Permanent Residence Card, and much more. H-1B represents specialty occupation, J-1 represents exchange visitor, and F-1 represents the student.
It is obligatory for employers to retain an I-9 for every current employee. Furthermore, they should retain this form for three years after the hiring date or a year after the exact date employment ends, depending on the later one. It is a must that employers provide their employees I-9 form whenever it is requested for by the immigration or labor authority.
- Employment Law (Intro)
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