The Evolution Of I-9 Forms: From Recommendation To Law

The Immigration Reform and Control Act (IRCA) of 1986 mandated that all employers in the United States must ensure their employees complete Form I-9, officially the Employment Eligibility Verification form. This law was passed to address the problem of people illegally immigrating to the US and becoming employed by US employers. Form I-9 is used to verify the identity and legal authorization to work of all paid employees in the US, including citizens and non-citizens.

The Immigration Reform and Control Act of 1986 mandated the use of I-9 forms

The Immigration Reform and Control Act of 1986 (IRCA) mandated the use of I-9 forms. The IRCA was enacted by Congress and signed into law by President Ronald Reagan in November 1986. The act introduced civil and criminal penalties for employers who knowingly hired undocumented immigrants or individuals unauthorized to work in the U.S.

The IRCA also offered a path to lawful permanent residence and prospective naturalization for undocumented migrants who entered the U.S. before 1982. Farm workers who could validate at least 90 days of employment also qualified for lawful permanent residency. The act led to the creation of Form I-9, Employment Eligibility Verification, which is used to verify the identity and employment authorization of individuals hired for employment in the U.S.

All U.S. employers must ensure the proper completion of Form I-9 for each individual they hire for employment in the country. This includes citizens and non-citizens. Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to their employment authorization and present their employer with acceptable documents as evidence of identity and employment authorization. The employer must then examine these documents to determine whether they reasonably appear to be genuine and related to the employee. The employer must then record this document information on the employee's Form I-9.

The I-9 form is not required for unpaid volunteers or contractors. However, a company could still be held liable if it contracts work to a contractor it knows is unauthorized to work or employs unauthorized workers. Every employee hired after November 6, 1986, must complete an I-9 form at the time of hire. Employees must complete Section 1 of the form upon commencing employment, and the employer must complete Section 2 within three days of the employee's start date. The employer is responsible for ensuring that the forms are completed properly and on time.

The IRCA includes penalties for I-9 non-compliance. Federal law provides for imprisonment or fines for making false statements or using false documents in connection with the completion of the I-9. An employer who hires an unauthorized worker can be fined between $250 and $5,500 per worker and may be barred from federal government contracts for a year. An employee who knowingly accepts fraudulent documentation can also be criminally prosecuted under other immigration laws.

Employers must verify the identity and legal authorization of all paid employees

In 1986, the Immigration Reform and Control Act (IRCA) mandated that all U.S. employers must verify the identity and legal authorization of all paid employees in the United States. This was done to reform U.S. immigration laws and preserve the tradition of legal immigration while seeking to prevent unlawful entry. The IRCA requires employers to verify that all newly hired employees present valid documentation confirming their identity and legal authorization to work in the United States. This is done through the completion of Form I-9, officially known as the Employment Eligibility Verification form.

The I-9 form is a United States Citizenship and Immigration Services form provided by the federal government. It must be completed by both employees and employers (or authorized representatives of the employer). Employees must complete Section 1 of the form when they start employment, and the employer must complete Section 2 within three days of the employee's start date. The employer is responsible for ensuring that the forms are completed correctly and on time.

The I-9 form is not required for unpaid volunteers or contractors. However, companies could still be held liable if they contract work to a contractor they know is unauthorized to work or employs unauthorized workers. It is important to note that employers must not discriminate against individuals on the basis of national origin, citizenship, or immigration status during the hiring process.

To complete the I-9 form, employees must provide either one document from List A, which establishes both identity and employment eligibility, or one document from List B, which establishes identity, along with another document from List C, which establishes employment eligibility. All documents provided must be unexpired. Examples of acceptable documents include a U.S. passport, driver's license, Social Security card, birth certificate, and Employment Authorization Document.

Employers must retain Form I-9 for all current employees and store them for three years after the date of hire or one year after employment ends, whichever is later. Employers must also make these forms available for inspection by authorized government officials upon request.

Employees must complete Section 1 of the form before employment begins

The I-9 form, officially the Employment Eligibility Verification, is a United States Citizenship and Immigration Services form. It was mandated by the Immigration Reform and Control Act of 1986 and is used to verify the identity and legal authorisation to work of all paid employees in the United States.

Every employee hired after November 6, 1986, must complete an I-9 form at the time of hire. Employees must complete Section 1 of the form before employment begins. This means that employees must complete and sign Section 1 of the form no later than their first day of employment, but they may complete it at any time after they accept the job offer.

Section 1 of the I-9 form requires employees to provide the following information:

• Full name, including any middle name, maiden name, or other legal last names used.
• Current address, including street name and number, city, state, and ZIP code.
• Citizenship or immigration status, by checking the appropriate box to indicate whether they are a U.S. citizen, a noncitizen national, a lawful permanent resident of the U.S., or a noncitizen authorised to work in the U.S.
• If applicable, A-Number/USCIS Number, Form I-94 admission number, or foreign passport number (including country of issuance), and the date employment authorisation expires.
• Signature and date.

Additionally, employees may optionally provide their Social Security number and email address in Section 1 of the I-9 form. If the employee uses a preparer or translator to help complete the form, the employee must still sign the form themselves, and the preparer or translator must provide their name, address, signature, and the date on a separate certification block on Supplement A.

Once the employee has completed their section of the form, the employer has three business days from the date of hire to complete and sign Section 2 of the I-9 form. This includes examining and recording the employee's documentation, such as their passport, birth certificate, or other acceptable forms of identification and employment eligibility verification.

Employers must complete Section 2 of the form within three days of the employee starting work

The I-9 form, officially the Employment Eligibility Verification, is mandated by the Immigration Reform and Control Act of 1986. It is used to verify the identity and legal authorization to work for all paid employees in the United States. All U.S. employers must ensure the proper completion of Form I-9 for each individual they hire for employment in the U.S.

The Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify that all newly hired employees present valid documentation verifying the employee's identity and legal authorization to accept employment. The I-9 form is provided by the federal government for this purpose.

Every employee hired after November 6, 1986, must complete an I-9 form at the time of hire. Employees must complete Section 1 of the form upon commencing employment. This must be done no later than their first day of employment, but they may complete it any time after they accept the job offer.

Employers Must Complete Section 2 Within Three Days of the Employee Starting Work

Employers are responsible for ensuring that the I-9 forms are completed properly and in a timely manner. This includes completing Section 2 of the form within three business days of the employee's starting date at work. This deadline applies regardless of the length of the job. For example, if an employee begins work on Monday, the employer must complete Section 2 by Thursday of that week. If the job lasts less than three days, Section 2 must be completed no later than the first day of work.

To complete Section 2, employers must physically examine the documents presented by the employee in person. Alternatively, they may remotely examine them using an alternative procedure authorized by the Department of Homeland Security (DHS). The documents presented must be original and unexpired, and they must reasonably appear to be genuine and relate to the employee.

Employers must not specify which documents from the "Lists of Acceptable Documents" the employee must present. They may reject a document if it does not reasonably appear to be genuine and related to the person presenting it. Documents from List A establish both identity and employment eligibility. List B documents establish identity only, and List C documents establish employment eligibility only. Employers must accept either one document from List A or a combination of one document from List B and one document from List C.

Once the employer has examined the documents, they must enter the document title, issuing authority, document number (if any), and expiration date (if any) from the employee's documents. They must then complete, sign, and date the rest of Section 2 of the form.

Employers must retain I-9 forms for all current employees and for a specified period after employment ends

Employers must retain a Form I-9 for all current employees and for a specified period after employment ends. This is a requirement that has been in place since the Immigration Reform and Control Act of 1986, which mandated the use of Form I-9 for verifying the identity and employment authorization of individuals hired for employment in the United States.

Form I-9, officially known as the Employment Eligibility Verification form, is a critical component of the hiring process in the United States. All U.S. employers must ensure the proper completion of Form I-9 for each individual they hire, including both citizens and noncitizens. The form serves as a means to verify the identity and legal authorization to work for all paid employees.

The retention requirements for Form I-9 are clearly outlined. Employers must keep a completed Form I-9 on file for each employee on their payroll who was hired after November 6, 1986. This requirement also extends to employees in the CNMI who were hired on or after November 27, 2009. It is important to never dispose of a current employee's Form I-9 or any related documentation. These records must be retained for as long as the employee is actively employed and for a specified period after their employment ends.

The specified retention period is determined by calculating three years from the date of hire or one year from the date of employment termination, retaining the form for whichever period is longer. For example, if an employee worked for less than two years, the employer would retain their form for three years after the date entered in the "First Day of Employment" field. On the other hand, if the employee worked for more than two years, the employer would retain their form for one year after the date their employment ended.

It is worth noting that Form I-9 can be retained in various formats, including paper, microfilm, microfiche, or electronically. However, it is crucial to ensure that the forms are easily accessible and meet the regulatory requirements for retention. Additionally, employers should be prepared to present these forms upon request by authorized government officers from the Department of Homeland Security, Department of Labor, or Department of Justice.

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