Feb 20, 2024 By Susan Kelly
The new employee must verify his ability to work in the United States by completing the Employment Eligibility Verification Form, also known as the I-9 Form, after you have made a job offer to them but not before. As the employer, you must ensure that the employee and you both fill out the appropriate sections of the United States Citizenship and Immigration Services (USCIS) Form. Do not turn in the Form to the government; instead, keep it in the same place as your other job documents.
The purpose of the I-9 Form is to collect information from new workers that may be used to verify whether or not they are authorized to work lawfully in the United States. No employee is exempt from the requirement that they fill out the Form. The following are the components that make up the I-9 Form:
The employee is responsible for filling up this section of the Form. It comprises the employee's complete name, address, date of birth, Social Security number (if applicable), email address, and telephone number, among other information. This section is also used to certify, under penalty of perjury, that the individual is lawfully entitled to work in the United States because they are:
A foreign national who is permitted to work in the United States. If appropriate, the employee is responsible for entering the expiry date of the authorization. An employee who is an alien and has the legal right to work is required to input either their Form I-94 admission number or their alien registration number (also known as an "A-number," which is a one-of-a-kind number with seven, eight, or nine digits that are issued to an immigrant).
The employer is responsible for filling up this section of the Form. It describes the documents the employer has examined to determine whether or not an applicant is eligible for employment. This step needs to be taken by the employer no later than three days after the employee's first day of work. The employer can make a copy of the document (or documents) that have been submitted to them but is not obligated to do so. There are three different lists of papers that may be used in this process. The sections of Part II that the employer must fill out are determined by the kind of documents utilized.
Employers, just like employees, are required to affirm under penalty of perjury that they have examined the required documents, have reason to believe that they are authentic, and have reason to believe, to the best of their knowledge, that the employee is authorized to work in the United States. This is the same requirement that applies to employees. In addition to signing the certification section of the Form, the employer is required to make a notation of the employee's first day of employment as well as other information regarding the employer (including the name of the company, the title of the person signing the Form, and the address of the company).
This form section is likewise only filled out by the employer and is only used if the business has to re-verify an employee before rehiring them. If an employee is rehired within three years of the date on the first I-9, the employer has the option of completing either this part or a new I-9.
If it is required to complete this section, the only information the employer must provide is the employee's name (or new name, if the person has undergone a name change) and the date that they were rehired. If the prior employment permission was allowed to lapse but has since been renewed, complete the fields below with information about the document that established such authorization (document title, number, and new employment authorization expiration date).