Employment Law

What Are I-9s? Employment Eligibility Verification

Discover the importance of I-9 forms for employment eligibility verification and learn how to properly complete them

Introduction to I-9 Forms

The I-9 form is a crucial document used by employers to verify the identity and employment eligibility of new hires. It is a requirement under the Immigration and Nationality Act, and failure to comply can result in significant fines and penalties.

The form must be completed by both the employer and the employee, and it requires the employee to provide documentation that establishes their identity and work authorization.

Purpose of I-9 Forms

The primary purpose of the I-9 form is to ensure that employers hire only authorized workers. This includes U.S. citizens, lawful permanent residents, and non-citizens who are authorized to work in the United States.

The form also helps to prevent identity theft and fraud by verifying the employee's identity and work authorization documents.

Completing the I-9 Form

The I-9 form consists of three sections: Section 1, which is completed by the employee; Section 2, which is completed by the employer; and Section 3, which is used to reverify the employee's work authorization.

Employers must ensure that the form is completed accurately and timely, as errors or omissions can lead to compliance issues and potential fines.

I-9 Form Requirements

Employers must retain the completed I-9 form for each employee for a minimum of three years from the date of hire or one year from the date of termination, whichever is later.

Additionally, employers must also comply with E-Verify, a web-based system that checks the employee's work authorization against government databases.

Consequences of Non-Compliance

Failure to comply with I-9 form requirements can result in significant fines and penalties, ranging from $539 to $4,313 per violation.

Employers who knowingly hire or continue to employ unauthorized workers can also face criminal penalties, including fines and imprisonment.

Frequently Asked Questions

What is the purpose of the I-9 form?

The I-9 form is used to verify the identity and employment eligibility of new hires.

Who must complete the I-9 form?

Both the employer and the employee must complete the I-9 form.

What documents are required to complete the I-9 form?

Employees must provide documentation that establishes their identity and work authorization, such as a U.S. passport or driver's license and social security card.

How long must employers retain the completed I-9 form?

Employers must retain the completed I-9 form for each employee for a minimum of three years from the date of hire or one year from the date of termination, whichever is later.

What are the consequences of non-compliance with I-9 form requirements?

Failure to comply can result in significant fines and penalties, ranging from $539 to $4,313 per violation.

Is E-Verify required for all employers?

E-Verify is required for federal contractors and some states, but it is voluntary for most employers.