Understanding I-9 Forms
After enactment of the Immigration Reform and Control Act of 1986, all employers are required to fill I-9 forms for all employees under the company payroll. The act was enacted to help verify the identity and eligibility of individuals to work in United States. This form should be within three days after the employee has started working. After completing the form, the employer files it and should be produced upon request by government agencies during auditing exercise.
The government conducts random and frequent audits to ensure that organizations abide with the hiring regulation. Failure to fill this form as required or hiring an ineligible worker attracts a fine. Workers who are not sure about their eligibility to work in US can confirm with the Department of Homeland Security about their status. The employer can download and physically fill the I-9 forms or from E-verify system on the official government website.
The form is made up of three parts to be completed by both the employer and employee. Section one is filled on the first day on work by the employee, it highlights basic information about the worker including name, date, address, citizenship status, date of birth, employer identification number, social security number, e-mail address and telephone number. There are optional fields that an employee can leave blank in this section. Section two and three are filled by the employer. Section two is filled within three days. Section three is filled when employee service is renewed after three years of service, a new form can also serve this purpose.
Employer is required to verify all the information provided in section one as true and honestly fill in section two and three. Providing false information knowingly or failure to verify important information is a criminal offence and attracts a fine upon discovery during audits. The employer is required to bear witness of the following; US citizenship, alien with permission to work, permanent residence and non- US citizen with eligibility to work. Different documents (List A, List B and List C documents) should be supplemented to the dully filled form to indicate that provided information is true and up to date.
The form is also available in Spanish language for employees from Puerto Rico only. Other Spanish speaking workers can only use the form I-9 Spanish as a guide in filling out the English version. An employer is allowed to ask for English translation help in case of difficulty in understanding the language. The person offering translation help is required to fill translator certification in the form.
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