Admin Mintz Immigration Law Filing the I-9 form is one of the most essential tasks for employers when hiring new employees in the U.S. The I-9 Employment Eligibility Verification form ensures that employers verify the identity and employment authorization of individuals hired to work in the U.S. In this guide, we will walk you through the I-9 filing process, step by step, to ensure compliance and avoid costly mistakes.
Step 1: Section 1 – Employee Information and Attestation
The first section of the I-9 form must be completed by the employee on or before their first day of work. In this section, the employee provides the following information:
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Full name
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Address
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Date of birth
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Social Security number (if applicable)
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Citizenship or immigration status
The employee must also sign and date the form, attesting to the truthfulness of the information provided.
Step 2: Section 2 – Employer Review and Verification
Employers must complete Section 2 of the I-9 form within three business days of the employee’s first day of work. In this section, employers must:
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Physically examine original documents provided by the employee to verify their identity and eligibility to work in the U.S.
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The employee must present one document from List A (which establishes both identity and employment authorization), or one document from List B (which establishes identity) and one document from List C (which establishes employment authorization).
Example Documents:
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List A: U.S. Passport, Permanent Resident Card (Green Card)
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List B: Driver’s License, State ID
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List C: Social Security Card, Birth Certificate
Step 3: Record and Retain the Form
Once the I-9 form is completed, employers must retain the form for a minimum of three years after the hire date or one year after the employee’s employment ends, whichever is later.
Employers must also keep copies of the employee’s documents on file. However, it’s important to note that you can’t store these copies in the same file as the I-9 form itself—keep them separate to comply with legal guidelines.
Common Mistakes to Avoid
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Incomplete forms: Always ensure that all sections are completed, including signatures and dates.
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Failure to verify documents: Ensure that documents presented by the employee are valid and not expired.
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Missing deadlines: Submit Section 2 within three business days and Section 1 before the employee’s first day of work.
Conclusion
By following these step-by-step instructions, employers can ensure they remain compliant with I-9 regulations and avoid potential fines. Keep track of deadlines, verify documents carefully, and store I-9 forms and documentation securely.
