The Form I-9 allows a company to verify that employees are who they say they are and are allowed to work in the United States. This is an important step in US Immigration to ensure they’re legally authorized to work in the US. This step involves the Form I-9, officially called the “Employment Eligibility Verification.”
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What is Form I-9?
Think of the Form I-9 as a security check. It’s a document used by all US employers, regardless of size or industry, to verify the identity and work authorization of every new hire. This applies to both US citizens and foreign workers with permission to work in the US.
Form I-9 Update: Extended Expiration Date
The U.S. Citizenship and Immigration Services (USCIS) has recently extended the expiration date for Form I-9, the Employment Eligibility Verification form, to May 31, 2027. This means employers can continue using the edition dated August 1, 2023, even if it has an expiration date of July 31, 2026. Both versions are valid until their respective dates.
Important Note for Electronic I-9 Systems:
Employers who use electronic I-9 systems should update them to reflect the new expiration date of May 31, 2027. This update is essential and should be completed by July 31, 2026.
Where to Get the Latest Form I-9:
You can download the latest version of Form I-9 with the updated expiration date from the USCIS website. The download page will only feature the version with the May 31, 2027 expiration date. In addition, you can call the USCIS Forms Line at 1-800-870-3676 to request a physical copy.
How Do You Complete the Form I-9: A Step-by-Step Guide
Filling out Form I-9 is a two-part process. Let’s break it down:
- Section 1: Employee Information This section needs to be completed by the new employee on or before their first day of work. It involves providing basic details like their full legal name and contact information. The employee will also need to attest to their citizenship or immigration status and present documents that prove their identity and work authorization (acceptable documents are listed on the form itself). Finally, they’ll sign and date Section 1.
- Section 2: Employer Verification Within three business days of the employee’s first day, it’s your turn, the employer, to complete Section 2. Here, you’ll carefully examine the documents provided by the employee to ensure they’re authentic and complete. You’ll then record details like the document type, issuing authority, and expiration date. Once everything checks out, you’ll sign and date Section 2.
There’s also an optional Section 3 for rehiring employees or reverifying work authorization for those with expiring documents. We’ll cover that in a later section.
Keeping Track of Form I-9
Once completed, Form I-9 becomes an important record you need to keep on file. How long? The answer depends. In general, you need to retain completed forms for the duration of the employee’s employment, plus an additional year. But there’s another option: You can keep them for three years from the date of hire, whichever is longer.
Frequently Asked Questions
Q: Can I fill out Form I-9 electronically?
A: Yes, many employers use electronic I-9 systems to complete and store Form I-9. Electronic I-9s are valid, but you must ensure that your system complies with USCIS guidelines.
Q: What happens if I make a mistake on Form I-9?
A: If you discover an error on Form I-9, you should correct it as soon as possible. You can amend the form by making corrections directly on the original or by creating a new Form I-9 with the corrected information.
Q: What if an employee refuses to provide documents for Form I-9?
A: If an employee refuses to provide the necessary documents to complete Form I-9, you should follow the guidance provided by USCIS. This may involve terminating the employee’s employment if they fail to comply.
Q: How often should I re-verify an employee’s employment authorization?
A: You must re-verify an employee’s employment authorization if their work authorization expires or if there’s reason to believe that their immigration status has changed. The specific timeframe for re-verification depends on the type of document provided by the employee.
Q: What are the consequences of non-compliance with Form I-9 requirements?
A: Failure to comply with Form I-9 requirements can result in significant penalties, including fines and potential legal action. Employers should ensure that they are following the correct procedures and retaining completed forms as required.
Q: Can I use a third-party vendor to assist with Form I-9 compliance?
A: Yes, many employers use third-party vendors to manage their Form I-9 compliance. These vendors can provide assistance with completing forms, storing documents, and ensuring compliance with USCIS regulations.
Final Words
Form I-9 is a crucial document for employers in the United States. By understanding the requirements and completing the form correctly, you can ensure compliance with immigration laws and avoid potential penalties.
Remember to keep accurate records of completed Form I-9s and be prepared for potential audits or inspections by government agencies. Staying informed about any changes to Form I-9 regulations is also important and you may one day become a US citizen.
If you have any questions or concerns about Form I-9, consult with an immigration attorney for personalized guidance.
