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The I-9 form is a document used by the Department of Homeland Security (DHS) to verify a person’s eligibility to work in the United States. Workers must provide proof of identity, such as a Social Security card, driver’s license, or passport. The employer then confirms the employee’s job eligibility by personally inspecting these papers. The form must be completed and signed by both the employer and the employee.

Here is a link to the I-9 form.

What Is the I-9 Form and How Does It Work?

The I-9 form is part of a Homeland Security system that assures that companies in the United States hire only people with the right job eligibility and identity documentation. When employers are learning what an I-9 form is and how it works, it’s critical to emphasize that they must complete it within three days of their start date.

The following are the essential prerequisites for accurately completing an I-9 form:

• Request identification: Within three days of hiring, new workers must produce identification in order to complete the I-9 form.
• Verify ID: You verify the employee’s identification as evidence of eligibility and record it on the form.
• Keep a copy of the I-9 form that has been completed and signed in a safe place.

If your firm is audited or a government agent from the Department of Labor (DOL), DHS, or immigration services demands to view a copy of the signed I-9 form, it should be kept at the company’s business office. Because of the private information on it, it should not be stored in an employee’s personnel file. It is not necessary for you to transmit or mail it to any government agency.

You must keep I-9 paperwork for one year, according to the US Citizenship and Immigration Services (USCIS). Some states may require you to keep your payroll documents for a longer period of time. Because I-9 forms include personal employee information, keeping them longer than necessary is harmful. If such information is misused, your company might face legal consequences.

I-9 Forms (Downloadable & Printable)

On the DHS USCIS website, you may get the most recent I-9 form. The I-9 form is three pages long, with an extra 15 pages of instructions. The instructions and the form are both accessible in English and Spanish (however, only employees in Puerto Rico may complete the Spanish version of the form).

The I-9 form is included in an electronic new hire package that is sent to the employee by many payroll providers, such as Gusto. Another method is to use paper I-9 forms, which may be obtained from USCIS and sent or mailed to the employee to complete.

What Is a Verification Document for an I-9 Form?

USCIS offers a list of eligible verification papers immediately on Page 3 of the I-9 form to make I-9 verification easier. Most new recruits who are US residents supply an I-9 form verification proof that is either a driver’s license and Social Security card or a US passport.

A US passport serves as both identity verification and employment eligibility in the United States, hence it is a two-in-one document. All you need is a valid (not expired) US passport when a new employee produces their I-9 documents. There is no need for any further paperwork.

Examples of valid identification included on List A of the I-9 form (must furnish 1): List B on the I-9 form (must give 2): Examples of valid identification:

Employees without a valid US passport must submit two forms of work authorization: one from the left column (below) and one from the right column. The most prevalent are a driver’s license and a Social Security card. Along with a birth certificate or Social Security card, a government-issued document, school, military, or tribal ID may generally sufficient.

Because they are unlikely to have a legitimate Social Security card or a US birth certificate, non-US citizens may be required to submit a work authorization or resident ID card.

(Image courtesy of USCIS)

Legal Requirements for the I-9 Form

Each new recruit in the United States must fill out an I-9 form. For current workers, the completed form should be kept on file for up to three years, and for dismissed employees, it should be kept on file for up to one year. These papers may be required to be shown to immigration authorities or other government personnel who are checking to ensure that your company is only recruiting documented individuals who are eligible to work in the United States.

With valid I-9 paperwork, four types of employees may lawfully work in the United States:

• Citizens of the United States include both native-born and naturalized citizens.
• Immigrants who dwell in the United States full-time are considered lawful permanent residents.
• Foreign employees with work permits are individuals with work authorisation.
• Non-citizen nationals: People who work in the United States yet are citizens of another country.

Learning what an I-9 form is and how to fill it out properly helps your company in a number of ways, particularly if the Immigration and Naturalization Service audits or raids you (INS). However, failing to complete it properly might have disastrous consequences for your company.

Penalties for I-9 violations may vary from $234 to almost $5,000. This may range from minor paperwork errors, such as neglecting to complete an I-9 for a new employment, to more serious errors, such as deliberately recruiting illegal labor or fabricating records. Each I-9 form may be fined, and the fines escalate with each infraction. If the same error is made on 75 employee forms, the penalties may pile up quickly.

You should be OK if you follow the USCIS requirements and fill out I-9 forms for all new recruits. There are, nevertheless, several typical errors that anybody processing I-9 forms should avoid:

• allowing staff to offer you with a photocopy of a document rather than the original
• Not properly filling out the I-9 form—leaving omissions in necessary areas
• Failure to complete the I-9 form within three days of employment is a violation of the documentation deadline.
• Failure to double-check documents and instead “take an employee’s word for it”
• Failure to retain copies of the signed I-9 form in a secure place on the premises
• Failure to keep papers in a safe location to preserve sensitive employee information

Verification of I-9 Eligibility Documents

Physically authenticating the papers presented by workers is the responsibility of the employer. However, you are not required to be a forensic expert by the government. Instead, it expects you to analyze materials with common sense and thoroughness. For example, if a document looks to have been photocopied or altered, request to view the original.

Employers may also utilize E-Verify, a government program, to check job eligibility online and lessen the risk of employing an ineligible employee. In several states, as well as for any company working on federal contracts, E-Verify is mandatory. The usage of E-Verify may be required to acquire a business license in certain areas. Consider utilizing an E-Verify emblem to tell job searchers that your company uses the E-Verify system if you want to prevent illegal employees from applying for employment.

Due to COVID-19-related safeguards, employers are temporarily excluded from physically inspecting I-9 documents for any employee working remotely. When these individuals return to work in the office, their I-9 paperwork must be physically examined. This temporary regulation will be in effect until August 31, 2021.

How to Detect and Report Fraud in I-9 Verification Documents

It’s possible that you’ll come across forged identity. The United States Citizenship and Immigration Services (USCIS) gives detailed guidelines on how to analyze papers. If you suspect fraud or a scam involving immigration documents, you may file a complaint on the USCIS website. Immigrants, on the other hand, have rights, one of which is the right not to be discriminated against. Consult the Justice Department’s website on immigrant and employee rights if you’re worried about discrimination.

Here are a few instances of probable fraud:

• Employee brings in a document that isn’t on the permitted document list.
• A document with a different name is presented by an employee.
• Employee hands out a paper with the name spelled incorrectly.
• An employee hands over a paper that looks to have been tampered with.

When Are I-9 Forms Not Necessary?

While all statutory employees (those whose names and information you send to the state as part of new hire reporting) must demonstrate workforce eligibility, contract workers, temporary staff hired through an agency, domestic workers who work intermittently, and remote employees (often outsourced through a virtual assistant company) who live and work outside the US do not need to request or complete I-9 documents.

Freelancers and contract workers are paid on a project or assignment basis and are not required to fill out an I-9 form. Instead, you collect information from them when they fill out a W-9 tax withholding form. This method has significant dangers if you incorrectly categorize anything that should be regarded an employee as a contract worker. Check out our article on W2 versus 1099 employees for more details.

Some companies rely on temp agencies to staff their businesses (at least in the beginning). Rather of paying a wage and salary, they lease personnel from a staffing agency, which employs and pays them. New recruit paperwork and I-9 verification are handled by the employment firm, not you. Instead, you pay a bill to the hiring business, which usually has a markup of 25% or more.

Domestic employees that work infrequently (not on a regular schedule), such as home cleaners, childcare providers, or lawn maintenance workers, are not needed to present I-9 paperwork. Additionally, you do not need to file and verify I-9 papers if you hire domestic employees via an agency (for example, a cleaning service firm).

Companies that engage virtual assistants (VAs) recruit people from all over the world to do task-based labor. The VA firm oversees all employee compliance as the employer of record. You just sign up for the services you require—from office management to IT programming—and pay a cost depending on the number of hours, tasks, or a monthly package pricing.

Conclusion

All companies, big and small, must gather suitable documents and complete I-9 form. With each new recruit, the procedure should become second nature to you after you’ve learned it. If completed properly and in a timely manner, the I-9 form may save you money by avoiding penalties. Before your next employment, acquaint yourself with what the I-9 form is all about and the criteria. After that, go through your present I-9 files to make sure everything is in order.