Navigating the landscape of Immigration Service Forms can often seem complex, especially for employers in the United States. Among these essential documents, the Form I-9, officially known as the Employment Eligibility Verification form, stands out as a critical component. This form is mandated by the U.S. Citizenship and Immigration Services (USCIS) and is crucial for verifying the identity and employment authorization of individuals hired to work in the United States. Understanding the structure and requirements of Form I-9 is paramount for businesses of all sizes to ensure compliance with federal regulations.
Form I-9 is structured into distinct sections, each serving a specific purpose in the verification process. The form is divided into four key parts, each meticulously designed to gather necessary information and ensure both employee and employer fulfill their obligations under immigration law.
The first page of Form I-9 is comprised of Sections 1 and 2, both of which demand careful attention from both new employees and their employers. Section 1 is the employee’s responsibility. Here, new hires must attest to their employment authorization within the United States. This involves selecting their status and providing personal information. Crucially, in Section 1, employees must also prepare to present acceptable documents that prove their identity and authorization to work in the U.S.
Following the employee’s completion of Section 1, the responsibility shifts to the employer for Section 2. Employers are legally obligated to meticulously examine the documents presented by the employee. This examination is not merely a cursory glance; employers must carefully review the documents to ensure they reasonably appear to be genuine and relate to the employee. After verification, employers are required to accurately record the details of the employee’s documents within Section 2 of the form. It’s also important to note that under certain Department of Homeland Security (DHS) authorized alternative procedures, some employers may remotely examine an employee’s documentation. In such cases, employers must check the designated box in Section 2 to indicate their utilization of this alternative procedure.
Page 2 of the Form I-9 is dedicated to providing employers and employees with the “Lists of Acceptable Documents”. This page is an informational resource and does not require completion or retention by the employer as part of an employee’s Form I-9. The Lists are categorized into List A, List B, and List C, each representing different types of documents that are acceptable for verifying identity and/or employment authorization. Employers are required to make this page readily available to employees, either in physical form or through a hyperlink to the official form. This ensures employees are well-informed about the types of documents they can present.
Page 3 introduces Supplement A, titled “Preparer and/or Translator Certification for Section 1.” This supplement comes into play when an employee requires assistance from a preparer or translator to complete Section 1 of the Form I-9. In situations where such assistance is provided, employers must ensure that the preparer or translator completes Supplement A. This completed supplement must then be retained along with the employee’s Form I-9. However, it is important to note that if an employee completes Section 1 independently, without the aid of a preparer or translator, Supplement A is not required, and employers are not obligated to print, provide, or retain this page.
Finally, Page 4 presents Supplement B, “Reverification and Rehire” (formerly known as Section 3). This section addresses specific scenarios that may arise during employment. Employers are required to complete and retain Supplement B in situations where an employee’s employment authorization necessitates reverification, or in certain cases, when reverification of their employment authorization document is required. Supplement B is also utilized if an employer chooses to formally document the rehire of an employee. Unless an employee requires reverification or the employer opts to document a rehire, Page 4 and Supplement B are not needed, and employers are not required to print, provide, or retain this page with the employee’s initial Form I-9 documentation.
Beyond the form itself, employers have a responsibility to ensure employees have access to the comprehensive “Instructions” for completing Form I-9. These instructions provide detailed guidance and clarification on each section of the form and are essential for accurate completion. Employers can fulfill this requirement by providing employees with either a hard copy of the instructions or a direct hyperlink to them on the official USCIS website.
Adherence to Form I-9 requirements is not just procedural; it’s a legal obligation. Employers are mandated to retain all completed pages of Form I-9 for a prescribed period. These forms must also be readily available for inspection by authorized government officials upon request. This underscores the importance of accurate record-keeping and compliance.
It is worth noting a specific provision for employers located in Puerto Rico. These employers have the option to complete the Spanish-language version of Form I-9 instead of the English version. While any employer can utilize the Spanish-language form and instructions as a translation aid, only those in Puerto Rico are permitted to use it as the official form in place of the English version.
The current Form I-9 is designed as a fillable form, offering convenience and efficiency. This means that, with the exception of signature blocks, answers can be directly typed into the form electronically. However, it’s crucial to understand that despite its fillable nature, employers and employees must print and manually sign the form. Electronic signatures are not permitted for this fillable version as it does not currently meet the DHS standards for electronic Form I-9 generation, storage, and retention systems as defined in 8 CFR section 274a.2. Failure to comply with DHS standards when generating, storing, or retaining Form I-9 electronically can lead to significant fines and other penalties, highlighting the importance of adhering to the prescribed manual signature requirement for the fillable form.
Understanding and correctly utilizing immigration service forms like Form I-9 is crucial for maintaining a legal and compliant workforce in the United States. By adhering to the guidelines and understanding each section of the form, both employers and employees contribute to a transparent and lawful employment verification process.
