The I-9 Employment Eligibility Verification form is a fundamental document used to verify the identity and employment authorization of individuals hired to work in the United States. While it’s a relatively straightforward form, knowing who fills it out and what documents are required is essential for both employers and employees. In this blog, we’ll clarify these aspects, ensuring compliance with U.S. employment laws.
Who Fills Out the I-9 Form?
- Employer Responsibility: Employers are primarily responsible for initiating the I-9 process. Specifically, they must provide the form to their newly hired employees and ensure its completion within a specified time frame. Employers are also required to retain the I-9 forms for a designated period.
- Employee Responsibility: On the other side of the equation, employees are responsible for completing Section 1 of the I-9 form. This section includes providing their name, contact information, and attesting to their employment authorization status. Employees must complete this section no later than the first day of work.
What Must You Provide with the I-9 Form?
The I-9 form requires the presentation of specific documents to establish both identity and employment authorization. These documents are divided into three categories:
List A (Documents Establishing Identity and Employment Authorization)
Individuals can present one document from List A to establish both their identity and employment authorization. Examples of List A documents include:
- U.S. Passport or U.S. Passport Card
- Permanent Resident Card (commonly known as a Green Card)
- Employment Authorization Document (EAD)
List B (Documents Establishing Identity)
If an individual does not have a List A document, they must present one document from List B to establish their identity. Examples of List B documents include:
- State-issued driver’s license or ID card
- School ID card with a photograph
- Voter registration card
List C (Documents Establishing Employment Authorization)
Additionally, individuals must provide one document from List C to establish their employment authorization. Examples of List C documents include:
- Social Security card
- Certification of Birth Abroad issued by the U.S. Department of State
- Native American tribal document
Additional Important Information
- The I-9 form must be completed in its entirety, with all required fields filled out accurately.
- Documents must be unexpired and in good condition when presented.
- Employers must examine the documents provided by the employee in person, verifying that they appear genuine and relate to the individual presenting them.
Conclusion
The I-9 Employment Eligibility Verification form is a critical component of the U.S. hiring process, ensuring that individuals hired for employment are eligible to work in the country. Understanding the roles of both employers and employees in filling out the I-9 form, as well as knowing the specific documents required, is essential for maintaining compliance with U.S. employment laws. Both employers and employees should be aware of their responsibilities and rights when it comes to the I-9 process, as non-compliance can lead to legal repercussions.
