The I-9 form is used to verify an employee's identity and their ability to legally work in the United States. All U.S. based employers must complete this form for every individual hired to work in the United States.
The main I-9 process involves two forms [1]:
Section 1 (Employee Information and Attestation)
Employees are required to fill out this form no later than their first day of employment, but cannot fill it out before an offer of employment is accepted. Due to this time limitation, it’s suggested to have your employees begin to fill out this form well before their due date, such as right after they sign their offer letter.
Section 1 of the I-9 form includes:
Personal information including the employee’s full legal name, any other legal names used, date of birth, and current address
The employee’s email address and telephone number are optional.
If the employer is using E-Verify, then the employee’s social security number is also required.
Citizenship status.
If the employee is a lawful permanent resident or a noncitizen authorized to work in the U.S., then they also need to provide one of the following: an A-Number/USCIS Number, Form I-94 admission number, or foreign passport number/country of issue.
Information regarding if they used a preparer or translator to help fill out the form including the contact information for that preparer
A copy of a valid, legal document that proves their right to work in the U.S.
Employees must select from the U.S. government’s list of acceptable documents
The government allows for either one document that establishes both identity and employment authorization such as a United States passport, or two separate documents that each establish identity and employment authorization such as a driver’s license and a social security card.
Legal signature and date of signing.
Section 2 (Employer Review and Verification)
After Section 1 is submitted by the employee, the employer must fill out Section 2 no later than three business days after the employee’s first day of work for pay.
Section 1 of the I-9 form includes:
Validating that all required fields have been filled out by the employee and that the document was signed.
If a preparer or translator was used, the translator must also have signed the document on the same day as the employee.
Reviewing the provided document(s) to ensure that they appear to be genuine, related to the employee, and are not expired.
If any errors are found during this review, the employee must redo Section 1 and correct the noted errors.
Retaining Forms [2]
Once both sections have been verified and completed, the form (including copies or images of the employee-provided documents) must be kept on file for as long as the employee works for the company and for a period of time after.
If the U.S. government requests an inspection of your employee’s I-9 documents, you must provide them within three business days.
If the employee worked for less than two years, you must retain their forms for three years to the day after their first day of employment.
If the employee worked for more than two years, you must retain their forms for one year after their first day of employment.
E-Verify
E-Verify is a federal program that electronically verifies the information from Form I-9 against records from the Social Security Administration and the Department of Homeland Security. This additional verification helps employers to increase the accuracy of their employment eligibility process, ensuring that their workforce meets federal legal requirements. [3]
Participation in the E-Verify program is voluntary for most companies. Certain companies are required to enroll in it based on state law and federal regulation. [4]
Supplement B
If any of the following applies to an employee, then the employer must fill out an additional form (Supplement B): [5]
Their employment authorization document has expired and needs reverification
The employee has a legal name change
The employee is rehired within 3 years of their original start date
This form does not need to be sent to E-Verify.
I-9 Form and E-Verify History
In 1986, President Ronald Reagan signed the Immigration Reform and Control Act (IRCA), which required employers to start examining documentation for each employee to verify their identity and right to work in the United States. [6]
Government organizations involved in the I-9 process:
USCIS (U.S. Citizenship and Immigration Services) is an agency within DHS that oversees the entire I-9 form process. This includes:
Setting guidelines for completing the forms
Ensuring that employers and employees adhere to regulations
Providing resources and support to help employers and employees maintain compliance with immigration laws
The Department of Homeland Security (DHS) is responsible for establishing and enforcing policies related to employment eligibility verification. These policies exist to ensure compliance with federal immigration laws. Information collected and submitted via the I-9 form helps DHS monitor and regulate the legal employment of individuals in the United States.
Immigration and Customs Enforcement (ICE) is a law enforcement agency housed under DHS, and they are responsible for investigating any I-9 non-compliance cases.
[7]DHS works with the Social Security Administration (SSA) for the E-Verify program, as the SSA houses social security numbers for U.S. citizens.[8]
E-Verify
E-Verify is the federal program that electronically verifies the information submitted in Sections 1 and 2 of the I-9 form against records from DHS and the SSA.
This started as a pilot program with six U.S. states in 1997, where social security information was confirmed by phone. This expanded to a computer program a year later, where information could be sent to the SSA via modem. In 2004, this was updated to a web-based program, which was then renamed to E-Verify in 2007. The 2007 update also added support for photo matching between documents and government records. [9]
Today, E-Verify is administered by the Social Security Administration and USCIS. [10]
Changes in 2023
In 2023 a new version of the I-9 form was introduced which includes the Supplement B process and a permanent virtual verification option to complete Section 2 for companies using E-Verify. [11]
Section 2 Reviews and Verification
There are two main decisions to make when determining how to complete Section 2. You must determine how the documents will be reviewed and who will perform the verification. No matter who you decide to review the documents and complete the verification for Section 2, the I-9 Center will support your process.
Sources
[1] Completing Form I-9: details and additional links on how to complete Section 1
[2] Retaining Forms: information on how to retain I-9 forms, and for how long
[3] E-Verify Eligibility: brief on who is required to participate in E-Verify
[4] E-Verify Guide: PDF on FAQs for using E-Verify
[5] Supplement B: article on when and how to complete the Supplement B form
[6] I-9 History: detailed timeline of main events in the history of the I-9 program
[7] ICE History: brief article on the history of ICE (Immigration and Customs Enforcement)
[8] SSA: E-Verify page on how the Social Security Administration plays a part in I-9
[9] E-Verify History: key points about E-Verify in the larger I-9 historical timeline
[10] E-Verify Administration: information about the myE-Verify site, including background on administration of the site
[11] 2023 Updates: bulletin about the 2023 updates to the I-9 form
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