What is an I-9 Form: Essential Guide to the I-9 Process

Introduction

The Critical Role of I-9 Forms in Today's Workplace

For HR teams, managing I-9 compliance is a delicate balancing act. From ensuring timely form completion to managing document verification, the process demands meticulous attention to detail and a thorough understanding of federal regulations. The I-9 form, mandated by the Immigration Reform and Control Act of 1986, serves dual purposes: preventing unauthorized individuals from working while safeguarding authorized workers from discrimination^[1].

The stakes for non-compliance are high. As of 2023, civil penalties range from $252 to $2,507 per violation, with the potential for criminal charges in cases of pattern violations^[2]. This underscores the critical need for HR professionals to implement robust verification processes that not only meet legal requirements but also protect both employer and employee rights.

Evolution of Employment Verification Requirements

The landscape of employment verification has undergone significant transformation since the introduction of the I-9 form in 1986. Initially allowing 29 different forms of identification, the system has been progressively refined to enhance security and efficiency^[3]. A pivotal modernization occurred in 2004 with the introduction of electronic I-9 completion, marking a shift towards more streamlined, technology‐driven compliance processes^[4].

As regulatory oversight transitioned from the Immigration and Naturalization Service to the Department of Homeland Security, the system has continued to adapt. These ongoing changes reflect a concerted effort to balance rigorous workplace immigration compliance with the prevention of discrimination based on national origin or citizenship status^[4].

Why Proper I-9 Compliance Matters for Every Employer

The implications of I-9 compliance extend far beyond mere paperwork. Proper adherence to verification procedures is essential for maintaining workplace integrity and avoiding severe financial and legal repercussions. With Immigration and Customs Enforcement (ICE) conducting over 6,400 audits in fiscal year 2019—more than double the average under previous administrations^[5]—employers are under increasing scrutiny.

The verification process serves three critical functions: preventing unauthorized employment, ensuring proper work authorization documentation, and protecting against discrimination. When ICE initiates an audit through a Notice of Inspection, employers must produce I-9 forms and supporting documentation within three business days^[6]. This underscores the necessity for HR teams to implement systematic compliance measures that can withstand sudden scrutiny while minimizing disruption to business operations.

Understanding the I-9 Form: Definition and Purpose

What Exactly is Form I-9 and Why It Exists

The I-9 form, officially titled 'Employment Eligibility Verification,' is a mandatory federal document designed to verify both identity and work authorization for all new hires in the United States^[7]. Introduced by U.S. Citizenship and Immigration Services (USCIS), this form applies universally to all employers, including agricultural associations and farm labor contractors, with limited exemptions for categories such as volunteers and independent contractors^[8].

At its core, the I-9 process involves the careful inspection of original identity documents and employment authorization credentials. This systematic approach serves as the foundation of workplace immigration compliance, with significant penalties for non-compliance ranging from $281 to $2,789 per violation^[8]. To stay ahead of regulatory changes and ensure ongoing compliance, many organizations are turning to digital solutions. The WorkBright I-9 offers a streamlined, compliant approach to managing the verification process, reducing the risk of errors and penalties.

Anatomy of Form I-9: Section-by-Section Breakdown

Overview of the Form's Structure and Recent Format Changes

The I-9 form underwent significant structural changes in August 2023, marking a return to a streamlined one-page format for the first time since 2013^[13]. These updates reflect an ongoing effort to enhance efficiency and adapt to evolving workplace dynamics. Key changes include a new checkbox for E-Verify enrolled employers to indicate remote document examination and the relocation of reverification and preparer sections to separate supplements A and B^[13].

The form's redesign incorporates mobile-friendly features for tablet completion, though wet signatures remain a requirement unless using an approved electronic system^[13]. Language updates throughout the form, such as replacing 'alien' with 'noncitizen' in Section 1, demonstrate a shift towards more inclusive terminology. As of November 1, 2023, all employers must use this revised version (edition date 08/01/23) or face potential penalties^[14].

Section 1: Employee Information and Attestation

Section 1 of the I-9 form requires employees to provide comprehensive personal information, including their current legal name, any previous names, current address, and date of birth in mm/dd/yyyy format^[15]. While Social Security numbers are generally optional in this section, employers using E-Verify must collect them. This section must be completed by the employee's first day of work, with the employee attesting to their citizenship or immigration status by checking the appropriate box and providing their signature^[15].

For HR professionals, it's crucial to note that while employers must review Section 1 for accuracy, they cannot request additional documentation to verify the information entered. Any errors discovered must be corrected by the employee, with their initials and the correction date noted^[15]. The recent form updates have streamlined this process, eliminating the need for 'N/A' entries in unused fields and introducing more inclusive language throughout^[16].

Section 2: Employer Review and Verification

Section 2 of the I-9 form places significant responsibility on employers or their authorized representatives. This section requires the examination of original, unexpired documentation verifying both identity and work authorization within three business days of an employee's start date^[17]. For employees working less than three days, verification must occur by the first day of employment.

The verification process involves carefully inspecting either one List A document (proving both identity and work authorization) or a combination of List B and List C documents^[18]. Employers must record specific details for each document presented, including the document title, issuing authority, number, and expiration date^[18].

Section 3: Reverifications and Rehires

Supplement B addresses two key scenarios: reverification of expiring work authorization and rehiring former employees. Employers must reverify when an employee's work authorization or documentation expires, with the process required by the earlier of the expiration dates listed in Sections 1 and 2^[19]. For rehires within 3 years of the original I-9 completion, employers have the option to either complete a new Form I-9 or use Supplement B of the previous form^[20].

The reverification process requires employees to present unexpired documents from either List A or List C demonstrating continued work authorization. Employers must record the document title, issuing authority, number, expiration date, and date of rehire in Supplement B^[19]. While not mandatory, documenting legal name changes in Supplement B is recommended to maintain accurate records.

Documentation Requirements for I-9 Verification

The Three Lists of Acceptable Documents Explained

The I-9 verification process revolves around three distinct lists of acceptable documents: List A, List B, and List C. List A documents establish both identity and work authorization in a single document, such as a U.S. passport or permanent resident card. When an employee presents a valid List A document, no additional documentation is required^[21].

For employees unable to provide a List A document, they must instead furnish both a List B document (proving identity) and a List C document (proving work authorization). List B documents include state-issued driver's licenses, ID cards, and school IDs with photographs^[22]. List C documents verify employment authorization and include unrestricted Social Security cards and birth certificates issued by U.S. states or territories^[21].

List A: Documents Establishing Both Identity and Work Authorization

List A documents serve as comprehensive proof of both identity and work authorization, streamlining the verification process. Common List A documents include U.S. passports, permanent resident cards, and foreign passports containing machine‐readable immigrant visas with 'Temporary I-551' notation^[22].

When examining U.S. passports specifically, HR professionals should verify that passport numbers consist of either nine digits or one letter followed by eight digits^[23]. It's crucial to note that standard foreign passports alone do not qualify as List A documents; they must be accompanied by a machine‐readable immigrant visa containing the 'Temporary I-551' designation^[23].

List B and C Combinations: Proving Identity and Work Authorization Separately

When employees don't have a List A document, they must present both a List B document (proving identity) and a List C document (proving work authorization). HR teams must examine these documents within three business days of hire, verifying they appear genuine and relate to the person presenting them.

Proper Document Examination and Verification Protocol

The document examination process requires a careful balance of scrutiny and respect for employee privacy. Employers must verify that identification documents reasonably appear genuine and relate to the person presenting them. Only original documents can be examined, with certified birth certificates being the sole exception where photocopies are permitted^[26].

When reviewing documents, employers should follow a 'reasonableness' standard. While they aren't expected to be document experts, they can reject documents that don't appear appropriate or genuine. For virtual verification, employers must use approved alternative procedures that include capturing clear images of documents, conducting live video calls with employees, and retaining all verification records in secure storage^[26].

The I-9 Process: Step-by-Step Implementation Guide

Timing Requirements: When to Complete Each Section

The I-9 verification process follows strict timing requirements that HR professionals must carefully manage. Employees must complete and sign Section 1 no later than their first day of employment, though they can fill it out any time after accepting a job offer^[27]. For Section 2, employers have a window of flexibility – they can review documents and complete this section any time between the job offer and up until three business days after hire^[27].

These timing requirements extend to compliance with government inspections as well. When employers receive a Notice of Inspection from ICE, they must produce all I-9 forms and supporting documentation within three business days^[6]. Understanding and adhering to these timelines is crucial for maintaining compliance and avoiding potential penalties.

Employee Responsibilities in the Verification Process

Employees play a critical role in the I-9 verification process, with specific responsibilities that ensure compliance. They must complete Section 1 of Form I-9 no later than their first day of employment, providing their full legal name, address, date of birth, and other required information^[28]. Employees must also attest under penalty of perjury to their work authorization status in the United States^[28].

When presenting documentation, employees have the right to choose which acceptable documents to provide—either one List A document or a combination of one List B and one List C document^[29]. It's important for HR professionals to understand that they cannot specify which documents employees must present or reject reasonably genuine-appearing documents based on an employee's citizenship status or national origin^[30].

Employer Verification and Documentation Procedures

Employers bear significant responsibility in the I-9 verification process. Section 2 of Form I-9 must be completed within three business days of an employee's start date^[7]. This process involves examining original, unexpired documents that prove both identity and work authorization.

For organizations using E-Verify, additional steps are required, including creating a case within three business days of hire and conducting photo matching for certain documents^[29].

Special Scenarios: Remote Workers, Authorized Representatives, and Corrections

The rise of remote work has introduced new challenges to the I-9 verification process, requiring HR teams to adapt their procedures. For remote employees, employers may use authorized representatives or notaries to complete Section 2 verification in person^[17]. Additionally, when correcting I-9 errors, only the individual who completed the section should make corrections. For multiple errors, employers should complete a new form and attach it with an explanatory note^[31].

Maintaining I-9 Compliance in 2024

Latest Updates to Form I-9 and Verification Procedures

Staying current with I-9 compliance requires vigilance in monitoring regulatory updates and form revisions. The most recent version of Form I-9, released on August 1, 2023, remains valid until May 31, 2027^[32]. This iteration includes key changes designed to streamline the verification process, offering employers flexibility whether their forms expire in 2026 or 2027.

For organizations using E-Verify, a special Form I-9NG has been introduced with distinct identifiers, emphasizing the need for regular procedural reviews^[32].

Storage, Retention, and Destruction Requirements

Proper management of I-9 forms extends beyond their initial completion. Employers are required to store I-9 documents separately from employee personnel files, ensuring restricted access to sensitive immigration information^[33].

Retention guidelines mandate that I-9 forms be kept for three years after the hire date or one year after employment ends, whichever is later^[33]. Employers may use paper, electronic, or hybrid systems, but must implement robust security measures to safeguard this information^[34].

Common Compliance Pitfalls and How to Avoid Them

Common pitfalls in I-9 compliance include incomplete Section 1 forms, misrecorded document details in Section 2, and failure to adhere to rehire and reverification timelines. Internal audits and updated training sessions can help preempt these issues^[35].

Preparing for I-9 Audits and Understanding Potential Penalties

Audits initiated by ICE require prompt and thorough preparation. Employers must produce all I-9 documentation within three business days of receiving a Notice of Inspection^[6]. With the potential for fines ranging from hundreds to thousands of dollars per violation, a proactive audit strategy is essential^[36].