What Is Form I-9 Employment Eligibility Verification?

The Form I-9 Employment Eligibility Verification is a document that must be completed by employers and employees to document verification of the identity and employment authorization of new employees (including non-citizens) to work in the United States.

In this article, you will learn what the employment eligibility verification form is all about, how to complete it correctly, and its role when getting hired in the United States. Understanding this form will help you get one step closer to successfully navigating the hiring process in the U.S. 

Purpose and Importance of Form I-9

As its name suggests, the Form I-9 Employment Eligibility Verification, is used by the government to verify the identity and employment authorization of individuals hired to work in the U.S. including non-citizens. 

The singular purpose of the form is to ensure that employees are legally authorized to work in the country by verifying the employee’s information and employment authorization documentation. 

Understanding Employment Eligibility

What does employment eligibility mean? Employment eligibility refers to whether an employee can provide acceptable documentation of employment authorization to their employer, along with evidence of their identity. 

Whether an individual is legally authorized to work in the U.S. depends on their citizenship or immigration status and whether they possess employment authorization documentation from immigration authorities (like the employment authorization document).

The acceptable documentation to demonstrate employment authorization will vary depending on the immigration status of an employee. 

For example, permanent residents can provide their valid Permanent Resident Card as evidence of both identity and employment authorization. 

On the other hand, employment-authorized nonimmigrants may provide evidence of their Employment Authorization Document (EAD), or foreign passport with a Form I-94 Arrival Departure Record containing an endorsement authorizing the individual to work based on his or her status. 

Certain non-immigrants may be subject to employment restrictions and may only be authorized to work for a specific employer based on their status, such as TN visa holders and E-2 Treaty Investors. For these individuals, their work status is employer-specific.  

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The Role of Form I-9 in the Hiring Process

The Form I-9 is very important in the hiring process. USCIS requires that it be completed for every employee hired to work in the U.S., irrespective of the individual’s immigration status. 

Once an employee is hired, the employer provides the employee with the form for completion. The employee completes their section of the form and submits it to the employer. The employee must also present evidence of his or her identity and employment authorization document. The employer will then examine the documents presented by the employee to ensure they are genuine and unexpired. 

Thereafter, the employer must complete their section of the form, stating that they have reviewed the employee’s documentation and find that the individual is eligible to work in the U.S. 

Lastly, the employer must retain the completed Form I-9 for as long as the employee works for the employer. This is because the authorities (Homeland Security, Department of Labor, or Department of Justice) may request the employees’ completed Form I-9 for inspection. Employers must be prepared to provide the form if requested.

When the employment period ends, the employer must retain the individual’s Form I-9 and all attachments for one year from the date employment ends, or three years after the first day of employment, whichever is later.

Non-compliance with the Form I-9 requirements can lead to fines and penalties for employers and employees. Examples of Form I-9 non-compliance issues are:

• Knowingly hiring and continuing to hire individuals who are unauthorized to work in the U.S.
• Not providing employees the Form I-9 for completion 
• Failing to provide an employee’s completed Form I-9 for inspection when government authorities request it.
• Participating in document fraud (such as conspiring with employees to provide false information for the form I-9, knowingly accepting fake documents presented by the employee, or knowingly completing the form with false information).
• Knowingly and willfully making false statements or using false documentation when completing this form as an employee. 
• Falsely attesting to U.S. citizenship may subject employees to penalties or removal proceedings, and may adversely affect an employee’s ability to seek future immigration benefits.

Where to Obtain Form I-9?

The Form I-9, Employment Eligibility Verification is available for free on the USCIS website. Employers are expected to print the form and provide it to new hires for completion immediately after extending the offer of employment.

Who Conducts Employment Verification?

Employees often wonder who must examine the employment verification documents. It is the responsibility of employers. Employers are required to verify the employment authorization of every new hire using Form I-9. The employer provides the new hire with the form, which must be completed and signed by the employee no later than the first day of employment.

The employer must then conduct the employment eligibility verification to ensure that the information the employee provides on the form is accurate and that the supporting documents presented are genuine and unexpired.

Tips for Completing Form I-9

Some tips for completing Form I-9 are:

1. Download the latest version of Form I-9

USCIS has published an updated version of Form I-9 on its website with edition date 08/01/2023. Employers must ensure they are using the latest version of the form available on the USCIS website. 

2. Understand the purpose of each section of the form

To complete form I-9 correctly, employers must understand the purpose of each section of the form.

The form consists of two main sections.

Section 1 consists of the employee identification and attestation. This section is completed by the employee. The employee should enter information such as their full name, date of birth, address, contact information, U.S. social security number, and their citizenship/ immigration status that makes them eligible to work in the U.S.

Section 2 consists of the employer review and verification. This section is completed by the employer. The employer should describe the documents the employee has provided, which they have reviewed to verify the individual’s identity and employment eligibility.

3. Be Aware of the Preparer/ Translator Certification Section

The new Form I-9 has moved the Preparer and/or Translator section to Supplement A, making it a separate document from the form itself.

Supplement A should be used when employees require a translator or preparer to help them complete a section of the form I-9. It must be completed, dated, and signed by all preparers or translators who assisted the employee in completing the form. The employer should retain the completed Preparer/Translator Certification and the employee’s completed Form I-9.

4. Read the Form I-9 Instructions Carefully

The Form I-9 instructions can be downloaded from the USCIS website when downloading the form itself. Reading the instructions carefully will help employees and employers avoid making mistakes when completing and handling the form.

For example, the instructions specify that employers must provide employees with the form immediately after giving a job offer (and not before). It also specifies that employees must complete Section 1 no later than their first day of employment and provide their employer with the necessary documentation within three business days after their first day of employment. That is, if the employee starts work on Monday, they must present their documents before or on Thursday of that week.

5. Prepare Required Eligibility Documentation

Employees completing Form I-9 should ensure they have all the required eligibility documentation before they start.

USCIS provides a list of documents that employees can present to prove their identity and work authorization status. USCIS categorizes acceptable eligibility documents into Lists A, B, and C.

List A documentation proves both identity and employment authorization. However, List B documentation only proves identity, while List C documentation only proves employment authorization. So, individuals are required to present either one selection from List A or a combination of List B and C documentation.

Some examples of acceptable documentation under these categories are:

List A documentation	List B documentation	List C documentation
U.S. Passport or Passport CardPermanent Resident Card Employment Authorization Document (EAD)Foreign passport and Form I-94	Driver’s license issued by a State or outlying possession of the USPhoto ID card issued by a federal, state, or local agency containing a photograph or identity informationVoter’s registration cardSchool ID Card with a photograph U.S. Military Card or Draft RecordMilitary Dependent ID CardDriver’s License issued by a Canadian government authority	A U.S. Social Security CardOriginal or certified copy of birth certificate issued by a state, county, or municipal authority of the U.S.U.S. citizen ID card Employment Authorization Document issued by DHS

A TN visa candidate completing Section 1 of Form I-9 would typically select “A noncitizen authorized to work” as their immigration status, then provide their foreign passport and Form I-94/ Form I-94A as a List A document. 

Contact TN Visa Experts for assistance navigating the TN visa landscape to obtain a TN visa quickly and start working in the U.S. on the same day.

6. Sign and Date the Form Correctly

When completing Form I-9, it is important to sign and date it correctly.

The employee, employer, and preparer/ translator (where applicable) must date and sign the form I-9 in the appropriate places. Please refer to the form instructions to understand where you must sign and date the form. Please be aware that the form cannot be backdated.

7. Always Make a Copy of the Form for Your Records

USCIS requires employers to retain employees’ completed Form I-9 for as long as the employee works for the employer. 

When the employment period ends, the employer must retain the individual’s Form I-9 and all attachments for one year from the date employment ends, or three years after the first day of employment, whichever is later.

Government officials may request an employee’s completed Form I-9 from their employer. Failure to provide it can result in a fine or penalty for the employer. 

For this reason, employers should always maintain a copy of the form for their records for the required period of time. 

Conclusion

The Form I-9 is an important document in the U.S. employment landscape. It is used to verify the identity and employment eligibility of everyone hired to work in the U.S., whether citizens or noncitizens.

The Form I-9 employment eligibility verification does not require TN employees to have separate work authorization. A valid passport and Form I-94 are sufficient to prove identity and employment eligibility for TN employees.

Not only is the TN visa one of the most straightforward U.S. work visas to obtain (for Canadians and Mexicans), it also makes the transition to work in the U.S. very easy.

TN Visa Experts can help you navigate the complex landscape of TN visa applications and boost your chances of obtaining the TN visa you need to make your American dream come true. Contact TN Via Experts today to get closer to obtaining your TN visa.

FAQs on Form I-9 Employment Eligibility Verification

What is Form I-9 Employment Eligibility Verification used for?

The Form I-9, employment eligibility verification is used to verify the identity and employment eligibility of everyone hired to work in the US. Its purpose is to establish that individuals hired for employment in the U.S. are legally authorized to work in the country.

Who needs to complete Form I-9?

Everyone hired for employment in the United States is required to complete Form I-9, irrespective of whether they are citizens or noncitizens.

What documents are required for Form I-9 verification?

The documents required for Form I-9 verification are categorized into three groups: List A, List B, and List C. Employees must present either one List A document or a combination of List B and C documents.

The List A documentation required of a TN visa employee for the Form I–9 verification is a valid foreign passport plus Form I-94 Arrival Departure Record containing an endorsement authorizing the individual to work for the employer based on his or her status. 

Where can employers and employees find resources for completing Form I-9?

The “Instructions for Form I-9” is the ultimate resource for completing the form. The form and the form’s instructions can be downloaded from the USCIS webpage. 

What are the consequences of not completing Form I-9 correctly?

When the I-9 form is not completed correctly, the government can fine employers and impose penalties. The size of the fine depends on factors such as the nature and number of violations.

Paperwork violations can result in fines ranging from $281 to $2,789. Knowingly hiring or continuing to hire individuals unauthorized to work can attract penalties that range from over $698 to $5,579 for the first offense. The second offense can attract fines between $5,579 and $13,946, while the third offense can attract fines between $8,369 and $27,894. Also, offenses related to document fraud can result in fines between $575 and $11,524 per document.