Form I9, Employment Eligibility Verification
Employers are required to verify their employees' authorization to work in the United States by completing Form I-9, Employment Eligibility Verification with their employees within 3 business days of their start date. If the newly hired employee does not complete the form in that timeframe and/or cannot produce the supporting documents to verify their eligibility, employers can terminate them for cause.
2023 UPDATE: COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, end on July 31, 2023. In-person, physical document inspection for affected employees must be completed by August 30, 2023.
Refer to these FAQs and instructions from U.S. Citizenship and Immigration Services (USCIS) for guidance on how to notate Form I-9 when physically inspecting documents that were originally reviewed virtually.
Learn more from the isolved Compliance Corner >> I-9 Verification Flexibilities Ending Soon—What Businesses Need to Know
Form I-9 Overview
Form I-9 has two sections: an employee section where the worker attests to their status; and an employer section where an authorized representative certifies that they have viewed the employee's documentation supporting their status, find the documents genuine to the best of their ability, and to the best of their knowledge believe the person is eligible to work in the United States.
For detailed instructions on how to complete Form I-9, refer to Handbook for Employers M-274, which is produced by the US Citizenship & Immigration Services. This document covers every hiring scenario and the Q&A section is especially informative.
In addition to completing Form I-9, you can use E-Verify to confirm employment authorization of new hires.
Knowingly hiring or retaining unauthorized aliens and failure to comply with Form I-9 requirements can result in civil penalties for each worker. You should have ALL new hires complete an I-9; having only certain employees complete the form may be construed as discrimination. The anti-discrimination provision of the Immigration and Nationality Act prohibits four types of unlawful conduct: unfair documentary practices during the Form I-9 and E-Verify process; citizenship or immigration status discrimination; national origin discrimination; and retaliation or intimidation.