I-9 Form

In the United States, verifying the identity and eligibility of employees to legally work is a
fundamental requirement. Central to this process is the Employment Eligibility Verification Form,
better known as the I-9 form. This form is critical for all employers to ensure compliance with
immigration laws and avoid legal pitfalls.

What is the I-9 Form?
The I-9 form, officially known as the Employment Eligibility Verification Form, is a document
mandated by the U.S. government since the Immigration Reform and Control Act of 1986. It
requires employers to verify the identity and employment authorization of individuals hired for
employment in the United States. This form must be completed for both citizens and non-
citizens.

Purpose of the I-9 Form
The primary goal of the I-9 form is to deter illegal employment practices. By requiring employers
to confirm that their employees are authorized to work in the U.S., the form helps to:
1. Prevent the employment of unauthorized immigrants.
2. Ensure a legal workforce.
3. Enable employers to demonstrate compliance with the law.

How Employers Should Handle the I-9 Form
1. Timely Completion:
The I-9 form must be completed at specific times during the hiring process:
Section 1 of the I-9 form must be completed by the employee on or before the first day of
employment.
Sections 2 and 3 must be completed by the employer. Section 2 requires verification of the
employee's documentation and must be completed within three business days of the
employee's first day of work.
2. Acceptable Documents:
Employees can choose which documents to present from the lists of acceptable documents
included in the form's instructions. Employers must examine these documents to determine
whether they reasonably appear to be genuine and relate to the employee presenting them. It is
illegal to specify which documents an employee should present.
3. Retention and Storage:
Employers are required to retain each employee's completed I-9 form either for three years after
the date of hire or for one year after employment is terminated, whichever is later. Employers
should keep the forms either on-site or at an easily accessible location. The forms can be stored
on paper, microfilm, microfiche, or electronically.
4. Privacy and Security:
Considering the sensitive information contained in the I-9 forms, employers must ensure they
are stored securely to protect employee privacy. Access to the stored forms should be limited to
trained staff who handle audits or inquiries from U.S. government agencies like the Department
of Homeland Security, the Department of Labor, or the Immigration and Customs Enforcement
(ICE).
5. Auditing and Compliance:
Regular audits of I-9 forms are advisable to ensure ongoing compliance and to correct any
errors in previous forms. Such internal audits help in preparing for potential inspections by
government agencies.
6. Non-Discrimination Practices:
Employers must be careful not to practice discriminatory employment eligibility verification
processes. The Immigrant and Employee Rights Section (IER) enforces the anti-discrimination
provision of the Immigration and Nationality Act, which prohibits employment discrimination
based on citizenship status or national origin.

The I-9 form is a vital tool in the U.S. employment process, serving as a cornerstone of legal
employment eligibility verification. Proper handling of the I-9 form is not only a legal mandate but
also a critical practice to ensure a lawful and compliant workforce. Employers must stay
informed of the requirements and best practices for managing this process, including timely
completion, appropriate document handling, secure storage, and adherence to non-
discriminatory practices. By doing so, they safeguard their business against legal risks and
contribute to maintaining a lawful employment environment.