Form I-9
Form I-9, or the Employment Eligibility Verification, is a U.S. Citizenship and Immigration Services (USCIS) document. It is required by federal immigration law for employers to verify the identity and employment eligibility of their employees, both U.S. citizens and non-citizens. This form helps employers avoid hiring unauthorized workers and avoid discrimination.
Last updated: August 30, 2023 • 6 min read
What Is Form I-9?
Form I-9, officially the Employment Eligibility Verification, is a U.S. Citizenship and Immigration Services document. This form is used by an employer to verify an employee's identity and to establish that the worker is eligible to accept employment in the United States.
What Is the History of Form I-9?
The history of Form I-9 goes back to the Immigration Reform and Control Act (IRCA) of 1986. This act prohibited employers from hiring and employing people for pay, or recruiting them for employment, if they knew that these employees were not authorized to work in the U.S.
Form I-9 was introduced by the IRCA as a way to document this verification. Both employees and employers (or authorized representatives of the employer) must complete the form. The employee must provide accurate personal identification data and attest to their employment authorization. The employer must certify that they have reviewed the employee's documents and that they appear to be genuine and confirm the employee's eligibility to work.
Since its introduction, there have been multiple revisions to Form I-9 to adapt to changes in legislation and enforcement trends. The latest version was introduced in 2020.
Employers are required to maintain completed Forms I-9 for all employees in case of government inspections, which are typically conducted by the Department of Homeland Security and the Department of Labor.
In the mid-2000s, the E-Verify system was introduced as an electronic method of verifying an employee's work eligibility, which extends beyond the use of Form I-9.
What Distinct Functions Do Form I-9 and E-Verify Serve in Employment Verification?
Form I-9 and E-Verify serve two distinct functions in employment verification, although they are related.
Form I-9: This form is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States, both citizens and non-citizens.
E-Verify: This is an internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility. It's a voluntary program for most employers, but mandatory for some, such as those with federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause and employers in certain states.
While both serve the purpose of employment eligibility verification, Form I-9 does not require a database check or a specific form of identification (employeer can choose from the list), and is mandatory for all employers in the U.S., while E-Verify requires a database check, requires the employee's Social Security Number and an acceptable Form I-9 List B document, and its use is mandatory for certain employers only.
What Are Examples of Methods Used for Employment Eligibility Verification?
Form I-9: This is a required document for employers to verify the identity and employment eligibility of each new employee, regardless of citizenship status. The form requires the employee to provide certain documents to prove their identity and employment authorization.
E-Verify: This is an online system run by the U.S. government. Employers use it to confirm the eligibility of their employees to work in the U.S. It cross-references the information provided in Form I-9 with the U.S. Department of Homeland Security and Social Security Administration databases.
Social Security Number Verification Service (SSNVS): This online service is provided by the Social Security Administration. It allows registered users (usually employers) to confirm whether the name and Social Security Number of a newly hired employee matches the government's records.
Professional Verification Services: There are many third-party companies that offer employment eligibility verification services. They typically handle a range of background check services, including confirmation of employment eligibility.
Reference Checks: Employers may also verify employment eligibility indirectly through reference checks with previous employers. While this won't provide legal work status, it can validate the individual's work history and experience.
Personal Identification Verification (PIV) Cards: Some Federal employees and contractors are required to use these cards, which follow Homeland Security Presidential Directive 12 and FIPS 201 standards, to access government facilities and computer networks.
Remember, it's the employer's obligation to ensure document(s) an employee provides to verify their employment authorization are genuine and relate to the individual.
What Are the Benefits of Form I-9?
The benefits of Form I-9 include:
Compliance with U.S. Law: Filling out Form I-9 confirms that you've verified your employee's eligibility to work in the United States. This is mandatory and helps maintain legal recruiting practices.
Avoiding Penalties: Employers who don't verify work eligibility using Form I-9 can be subject to penalties, including fines and potentially imprisonment. Therefore, using the form helps employers avoid penalties due to non-compliance.
Confirm Identity: Form I-9 verifies both identity and employment authorization, helping employers confirm that the individuals they hire are who they say they are.
Reducing Discrimination: Since Form I-9 is required for all new hires, regardless of national origin or citizenship status, it helps ensure that companies are using a uniform process for all employees. This lowers the risk of discriminatory hiring practices.
Government Record Keeping: The Forms I-9 provide important information to the government about the immigration status and employment eligibility of employees. This can be useful in policy making, enforcement, and understanding labour market trends.
Serves as a Record for Auditing: In case of an audit by U.S. Immigration and Customs Enforcement (ICE), employers can prove their compliance with federal regulations and good-faith efforts in employment eligibility verification by maintaining properly completed forms I-9.
What Are the Potential Challenges or Downsides Associated With Implementing Form I-9?
Implementing Form I-9 can be accompanied by several potential challenges or downsides:
Paperwork Burden: The I-9 process can be time-consuming and requires meticulous record-keeping. This may prove challenging for businesses without an organized system for document management.
Errors and Mistakes: Form I-9 must be filled out correctly to be in compliance with the law. Simple mistakes such as missing information, transpositions, or incorrect dates can potentially lead to penalties.
Training: Employers must ensure that the person responsible for overseeing the I-9 process is fully trained on how to complete, retain, and if necessary, update the forms. This could require ongoing training, which is a resource commitment.
Unexpected Audits: Businesses may face audits from the Department of Homeland Security, the Department of Justice, or the Department of Labor. Preparing for these assessments can be time-consuming and stressful.
Potential Liability: Improper handling of Form I-9s can result in civil and criminal penalties. Not only are there fines for incorrect forms, but companies can face higher degrees of penalties, including imprisonment, for knowingly employing unauthorized workers.
Discrimination Risks: If I-9 forms are not handled properly, companies may face accusations of discrimination. For example, businesses are obligated to accept any valid documentation. Preferring one document over another could be perceived as discriminatory.
Resource Consumption: Maintaining and storing Forms I-9 for mandatory retention periods consumes resources, and secure storage is required to protect sensitive personal identity information contained in the forms.
Which Employers Are Likely to Be Affected by Form I-9?
All employers within the United States are affected by Form I-9. According to U.S. law, every employer must ensure that every employee hired after November 6, 1986, completes Form I-9 at the time of hire. This requirement applies to all employers, regardless of size or industry, and includes both full- and part-time employees. The requirement is not limited to citizens; non-citizens authorized to work in the U.S. must also have a completed Form I-9 on file.
However, some employers might be more affected than others. For instance, those who frequently hire foreign nationals or temporary workers, such as agricultural or technology businesses, or those located in areas with large immigrant populations, may have a more complex process in verifying employment eligibility and tracking I-9 compliance.
Moreover, federal contractors and subcontractors may be additionally required to use E-Verify—a system that builds on Form I-9 process—in accordance with the Federal Acquisition Regulation (FAR) regulation.