Form I-9 filing process

What is Form I-9 and how does the filing process work?

Form I-9 is the Employment Eligibility Verification form that every U.S. employer must use to confirm a new hire can legally work in the country.

• The employee completes Section 1 on or before their first day of work.
• The employer completes Section 2 within three business days of the start date.
• Employers must keep each form and store it for set periods.

Are you new to hiring and employment in the United States? Then you may have seen the term “Form I-9.” But what is it, and why does it matter? This guide walks you through the form and its filing process in plain steps.

What is Form I-9?

See Form I-9 (Rev. August 2023)

Form I-9, also called the Employment Eligibility Verification form, comes from the U.S. Citizenship and Immigration Services (USCIS). First, it checks who a person is and whether they can work in the United States. So its purpose is simple. It helps employers hire only workers who are legally allowed to work here. It also helps prevent unauthorized employment.

By completing the form, employers show they follow immigration law. As a result, they protect themselves from possible penalties. USCIS updates the form from time to time. So always download the current edition straight from USCIS before you file. Form I-9 also has a Spanish translation.

Who needs to complete Form I-9?

Both employers and employees share duties for Form I-9. Every U.S. employer must complete and keep a form for each worker they hire. However, this applies no matter the worker’s citizenship or immigration status. So it covers citizens, noncitizens, refugees, and people granted asylum.

The rule also holds for short-term or temporary roles. In those cases, the form must still be done within the set timeframe. In short, Form I-9 helps confirm that every worker can legally work in the country. Many firms lean on an HR outsourcing partner to manage this paperwork.

Parts of Form I-9

Form I-9 has two sections. The employee completes Section 1. The employer completes Section 2. The process starts as soon as someone is hired.

Section 1

Employees fill out the first section on or before their first day. Next, this section gathers basic details. For example, it asks for name, address, date of birth, and citizenship status.

Section 2

The employer must complete Section 2 within three business days of the start date. Then the employer checks the worker’s identity and work authorization documents. These may include:

• Passport
• Driver’s license
• Social security card

Good onboarding helps here. So a clear employee orientation process keeps these steps on track.

Form I-9 retention period

Once filled out, Form I-9 is not a one-and-done task. Employers must keep completed forms for set periods. For current staff, keep the form for as long as the person works there. For former staff, keep it for three years after the hire date or one year after they leave, whichever is later. So it helps to track these dates with care and stay compliant with immigration rules.

How to fill out Form I-9

Filling out the form can feel hard at first. However, it does not have to be. A smooth onboarding flow, with clear onboarding emails, keeps each step on track. So let’s break it down step by step.

1. Employee completes Section 1

The employee fills out Section 1: Employee Information and Attestation. So they must give accurate details about themselves. This includes full name, address, date of birth, and citizenship status. Then they sign and date the form.

2. Employer completes Section 2

Next, the employer reviews the worker’s ID documents. In turn, this confirms identity and work eligibility. The employer then records the document title, number, and expiration date, if any. They also record the hire date, then sign and date the form.

3. Employer retains and stores Form I-9

Once both sections are done, the employer keeps the form. They store it for the person’s employment and a set period after, as USCIS requires. Also, storage can be physical or electronic. Either way, it must be easy to find for an authorized inspection. So clear HR responsibilities make this records work simpler.

Form I-9 compliance for employment

Compliance with Form I-9 goes beyond filling out paperwork. However, non-compliance can bring heavy fines and legal trouble. So consider these key points:

• Document correctly. Minor errors or oversights can lead to compliance issues later.
• Stay informed about changes. Immigration laws can change, and Form I-9 is no exception. So employers must track any updates to the form or its rules.
• Avoid discrimination. Employers must take care to avoid bias when they collect and verify worker details.
• Conduct internal audits. Regular audits can catch compliance problems early.
• Collaborate with legal experts. When in doubt, seek professional advice. Experts in immigration law can offer clarity and guidance.

Across the many rules of employment, Form I-9 stands out as a vital one. As an employer, accurate records are not just a legal duty. They also show a commitment to a fair and compliant workplace. For teams hiring across borders, an offshore HR function can help keep this steady. In the end, the form helps make sure every worker is here within the law.

Frequently asked questions about Form I-9

Is Form I-9 required for every employee?

Yes. Every U.S. employer must complete a Form I-9 for each new hire. Still, this holds true even for short-term or temporary roles.

What documents can verify work eligibility?

For example, workers can show a passport, driver’s license, or social security card, among others. USCIS groups documents into lists A, B, and C. So always check the current form for the full, accepted list.

How long must employers keep Form I-9?

Keep the form while the person works for you. After they leave, keep it for three years from the hire date or one year after their last day, whichever is later.

What happens if an employer does not comply?

Non-compliance can lead to fines and other penalties. Simple errors also add up over time. So regular internal audits help lower this risk.

Can Form I-9 be stored electronically?

Yes. Employers may store the form on paper or electronically. Either way, it must stay secure and easy to find for an authorized inspection.