How to for Employers - the I9 Form
By VICKY BROWN
The Employment Eligibility Verification form, also known as Form I-9, is required for all employees and confirms that the individual is authorized to work in the US. This is a critical document for new hires that every employer must complete.
Make sure you’re using the current form for all new hires – just look for the 08/01/23 revision date in the lower left-hand corner. The form expires on 05/31/2027.
The full I-9 has 4 pages for completion by the employee and employer and 7 pages of instructions.
- Section 1: Employee Information and Attestation
- Section 2: Employer Review and Verification
- Lists of Acceptable Documents
- Supplement A for Preparers/Translators
- Supplement B for Reverification and Rehire – and –
- the Instructions
You actually have to provide the full I-9 package to employees, including all the instruction pages
Now here’s what you need to know about timing: you can’t provide the I-9 until after the job offer has been accepted; the employee has to complete Section 1 no later than their first day of employment. And you have to complete the employer part no later than 3 days after their start.
Alright – first let’s focus on Section 1 – the employee section.
Here’s what the employee needs to provide:
- legal last name, first name and middle initial.
If they have 2 last names, or a hyphenated last name, they must include both names in the last name field
- the ‘other names’ field is for all other names used, such as maiden name.
If the employee does not have any other names, they should write “N/A”
- current address – this must be a US address, and cannot be a PO box number.
Border commuters from Canada or Mexico may use an international address for this field
- enter the Birth date
- the social security field is voluntary, unless the company participates in the E-Verify program.
- eMail address and Telephone number – these fields are also voluntary
- the employee may simply write ‘N/A” in those fields if they do not wish to provide the information
The employee is then asked to attest to whether he or she is
- a US citizen
- a non citizen national
- a lawful permanent resident, in which case they must provide their registration number
- or a non citizen who is authorized to work in the United States
- if they attest to being a non citizen authorized to work, they must provide the date that authorization ends, if applicable
- they must also provide their registration number or form I 94 admission number
- or they may provide their Foreign Passport information
The employee then signs and dates the form.
Now, although Section 1 is completed by the employee, you as the employer are responsible for ensuring it’s fully and correctly completed. However – and this is crucial – if you find any mistakes or missing information, you cannot correct or fill in anything yourself. Simply notify the employee of the error and ask them to correct it. Section 1 is off limits to you.
The bottom of page 1 (Section 2) is for the employer to complete – that would be you.
Again, this section must be completed by the employer, or the employer’s authorized representative no later than 3 business days after the employee begins work.
The employee has to provide you with the required documentation no later than their 3rd day of work (those documents are listed on page 2). And you have to view the originals (more on that later).
For example, if the employee begins work on Monday, the I9 must be completed no later than Wednesday.
However, if you hire someone for less than 3 days, you are required to complete the form I9 no later than the 1st day of employment.
The best practice is to complete section 2 as soon as you receive, and have examined, the employee’s documentation.
You may not request specific documents from the employee – such as ‘I just need your drivers license and social security card’.
Simply call the employee’s attention to the Acceptable Documents list on page 2 of the form.
“… if you find any mistakes or missing information, you cannot correct or fill in anything yourself. Simply notify the employee of the error and ask them to correct it. Section 1 is off limits to you.“
Employees are required to provide either one document from List A, or a document from List B along with a document from List C. All documents must be original, in force (that is – un-expired), and inspected in person by the you or your representative.
In addition, you may choose to keep a copy of the documents the employee presented – but that is not a requirement and it’s up to you. However, if you do it for one, remember you have to do it for all. And keep in mind, you still have to eyeball the original documents – after all, you are attesting that you saw the originals, under penalty of perjury – so it’s all a pretty serious matter.
The only exceptions are a certified copy of a birth certificate, or a document whose expiration date has been extended.
Under certain circumstances, the employee may also submit a receipt for application. More information can be found in the instruction sections of the I9 form.
OK – back to your section of the form.
Complete the appropriate sections for the documents provided.
Complete the employee’s first day of work.
Complete the information in the signature block, and sign and date where indicated.
The next page is the list of documents that can be used for the I-9 form. Remember, and this is vitally important – you cannot ask the employee for specific documents – that’s against the law. However, you can, and should, direct them to this list of acceptable documents and let them decide what they want to provide.
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Oh, and don’t over-document. That’s when you collect too many documents, like a passport and a driver’s license. You see, if you have a passport, that’s a List A document, so you don’t need anything from List B or C. So if you add in the driver’s license (which is a List B document) then that is over-documenting, and it’s a no-no. If they give you too much, just give them back what you don’t need.
Alright – next up is the Supplement A page – this is used when an employee has to have someone else prepare the I-9 form, or translate for them. Now, I know you know this – but this should never be you or a company representative.
And then we come to Supplement B for Reverification and Rehire.
If an employee has an expiration date on their employment authorization documents, then you have to reverify their work authorization, using Supplement B, on or before the expiration date.
Also, if an employee is rehired within 3 years of their original Form I9, you can opt to complete this reverification section on the original form I9, or you may elect to complete a whole new I9 form.
So, what do you do with the form once it’s all completed? Well, if there were any expiration dates on the authorization document that might trigger a re-verification, then make a note of that in your HR system or calendar – because you’ll have to get the new documents recording before the old ones expire.
Now – onward to filing.
The I-9 form is a big deal, because it has a whole host of confidential information, birthdate, immigration status. possibly ethnicity etc. In fact, I-9 forms are so special that you’re required to keep them all together, and separate from the employee records. I’ll tell you a secret – the very first thing an auditor does when they come in to look at the personnel records, is look for I9s in the personnel files – because they know there’s a very good chance that’s where they are. And it’s an automatic fine.
So make sure you file your I9s altogether, and away from the personnel files.
And remember you have to keep them for either 3 years from the person’s hire date, or 1 year from their termination date – whichever is later.
The key to I-9 compliance is consistency and attention to detail. If you follow these guidelines, and you’ll be in good shape.