Form I-9, officially known as the Employment Eligibility Verification, is a form used by employers in the United States to verify the identity and employment authorization of individuals hired for employment in the country. The form is mandated by the Immigration Reform and Control Act of 1986 and must be completed for every person hired for employment after November 6, 1986, in the U.S. as long as the person works for pay or other type of payment.
The form consists of two sections and two supplements. In Section One, the employee must complete and sign the form no later than the first day of employment, but not before accepting a job offer. In Section Two, the employer or authorized representative must examine the employees documents to determine whether they reasonably appear to be genuine and relate to the employee, then record the document information on the employee’s Form I-9.
The form requires the employee to attest to their employment authorization and present acceptable documents as evidence of identity and employment authorization. The employer must accept any valid document or combination of documents specified in the I-9 form as long as the documents appear genuine.
The I-9 is not required for unpaid volunteers or for contractors. However, a company could still find itself liable if it contracts work to a contractor it knows either is or employs unauthorized workers.
The latest version of Form I-9 is dated 08/01/23, and employers who fail to use this version may be subject to all applicable penalties under section 274A of the INA, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE) .
If an employee cannot read or write in English, a translator or preparer may complete the form and sign it on behalf of the employee. The form also requires the employees own signature.