The Form I-9, officially titled "Employment Eligibility Verification," is a critical document required by the U.S. Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) for verifying the identity and employment authorization of individuals hired for employment in the United States.
Key Reasons Employers Must Provide an I-9 Form to Employees:
- Legal Requirement: Employers are legally obligated to complete a Form I-9 for all employees hired after November 6, 1986. This form must be completed within three business days of the employee’s start date. Failure to provide an I-9 form can result in fines or penalties for the employer.
- Verification of Work Eligibility: The I-9 form ensures that the employee is authorized to work in the U.S. It requires employees to present original documents that establish their identity and legal right to work. This process helps employers remain compliant with U.S. immigration laws and prevents unauthorized employment.
- Avoidance of Penalties: Employers who fail to provide the I-9 form or fail to complete it properly risk facing significant fines. Civil penalties for non-compliance can range from hundreds to thousands of dollars per violation. In some cases, criminal penalties may apply, particularly if there is evidence of willful disregard for employment verification requirements.
- Protection Against Discrimination: The I-9 process is designed to ensure fair treatment for all employees, regardless of their national origin or citizenship status. Employers must treat all employees equally and not discriminate based on their appearance or perceived immigration status.
- Documentation and Recordkeeping: Employers must retain completed I-9 forms for a specific period—either three years after the date of hire or one year after the date of employment termination, whichever is later. This documentation is essential for audits by government agencies or as a defense in case of an investigation.
- Streamlined Process for E-Verify Participation: Employers who participate in E-Verify, the online system that checks the employment eligibility of new hires, must ensure that the I-9 form is completed correctly and on time. E-Verify is an additional layer of verification that helps confirm the employee’s eligibility to work in the U.S.
Providing the I-9 form to employees is an essential part of the hiring process. It ensures legal compliance, helps protect the employer from penalties, and safeguards against potential discrimination issues. Employers should ensure that all required documents are collected properly and that the form is completed accurately to avoid legal complications and penalties.