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, which requires employers to verify that all newly hired employees presented facially valid documentation verifying the employees identity and legal authorization to accept employment in the United States.
The form consists of two sections and two supplements. Section 1, Employee Information and Attestation, must be completed by the employee no later than the first day of employment, but not before accepting a job offer. Section 2, Employer Review and Verification, must be completed by the employer within three business days of the employees first day of employment. The form also includes Lists of Acceptable Documents and Supplement A, Preparer and/or Translator Certification for Section 1.
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 examine these 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.
In October 2004, new legislation made it possible to complete the I-9 electronically. The latest version of the form is dated 08/01/23, and employers who fail to use this version may be subject to 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. However, the form also requires the employees own signature.
In summary, Form I-9 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. It is mandated by the Immigration Reform and Control Act of 1986 and consists of two sections and two supplements. The form requires the employee to attest to their employment authorization and present acceptable documents as evidence of identity and employment authorization.