Understanding Form I-9: Who is Responsible for Filling it Out?

Understanding Form I-9: Who is Responsible for Filling it Out?

Form I-9 is a crucial document in the hiring process that verifies the identity and employment authorization of individuals hired for employment in the United States. It is essential for both employers and employees to understand their responsibilities when completing this form to ensure compliance with immigration laws.

Watch the video below to learn more about Form I-9 and who is responsible for filling it out:

Who fills out Form I-9

Who fills out Form I-9

Form I-9, officially known as the Employment Eligibility Verification form, is a document required by U.S. employers to verify the identity and employment authorization of individuals hired for employment in the United States. It is a crucial form in the hiring process, as it helps ensure that employers are hiring individuals who are authorized to work in the country.

Employer Responsibility: It is the responsibility of the employer to ensure that Form I-9 is completed accurately and in a timely manner. The form must be completed for every new employee hired, including U.S. citizens and non-citizens. Employers must also retain the completed forms for a specified period and make them available for inspection by authorized government officials.

Employee Responsibility: On the other hand, employees are responsible for completing Section 1 of Form I-9 no later than the first day of employment. They must provide certain personal information and attest to their employment authorization. Employees must also present acceptable documents to establish their identity and employment eligibility.

Acceptable Documents: The list of acceptable documents that employees can present to establish their identity and work authorization is provided on the last page of Form I-9. These documents fall into different categories, such as List A, List B, and List C. List A documents establish both identity and employment authorization, while List B and List C documents establish either identity or employment authorization.

Completing Form I-9: Employers must ensure that Section 1 of Form I-9 is completed by the employee on or before the first day of employment. The employee must provide their full legal name, date of birth, Social Security Number (if applicable), email address (optional), telephone number (optional), and indicate their citizenship or immigration status.

Verification of Documents: Once the employee has completed Section 1, the employer is responsible for verifying the documents presented by the employee to establish their identity and work authorization. Employers must review the documents in the presence of the employee and attest to the fact that they have examined the documents and that they appear to be genuine and relate to the individual presenting them.

Remote Employment: In cases where employees are hired remotely or are unable to present their documents in person, there are specific guidelines for completing Form I-9. Employers can designate an authorized representative to review and verify the documents on their behalf. However, the employee must still complete Section 1 of the form on or before the first day of employment.

Retention of Form I-9: Employers are required to retain Form I-9 for each employee for a specified period. Once an employee's employment has ended, employers must either retain the form for three years after the date of hire or one year after the date employment ended, whichever is later. Employers must also make the forms available for inspection by authorized government officials upon request.

Penalties for Non-Compliance: Failure to comply with Form I-9 requirements can result in significant penalties for employers. Violations can lead to fines, civil penalties, and even criminal charges in cases of deliberate non-compliance. It is essential for employers to understand and follow the guidelines for completing and retaining Form I-9 to avoid potential legal repercussions.

Conclusion: Form I-9 is a critical document in the hiring process that helps ensure that employers are hiring individuals who are authorized to work in the United States. Both employers and employees have specific responsibilities when it comes to completing and retaining Form I-9. By understanding the requirements and following the guidelines, employers can maintain compliance with immigration laws and avoid potential penalties for non-compliance.

Thank you for reading our article on Understanding Form I-9: Who is Responsible for Filling it Out?

We hope this information has clarified the roles and responsibilities associated with completing Form I-9. By understanding who is responsible for filling out this important form, employers can ensure compliance with immigration laws and avoid potential penalties. Stay informed and make sure to follow the guidelines outlined in the article to maintain a compliant workplace.