Key takeaways:

• What is Form I-9? Form I-9, Employment Eligibility Verification, verifies an employee’s employment authorization status and identity.
• Who fills it out? Both employees and employers complete parts of the form.
• What documents do employees provide with it? Employees can choose which types of identification documents to provide based on an approved list, including a passport, driver’s license and other forms of identity proof.
• How long do employers keep the form? Employers should store I-9 forms separately from other personnel files and keep them for at least three years.

Verifying employment authorization is just one of the many steps employers must take in the hiring process, along with posting open positions, reviewing resumes, interviewing and onboarding. When a new employee is hired, they must fill out all required paperwork so the organization has their information and so that the employer is in compliance with government regulations.

One important step for new hires is completing Form I-9. This guide will walk through the purpose of this form, what’s included on it, who needs to sign it and the types of verification documents employees need to provide with it.

Form I-9, Employment Eligibility Verification, is used to verify someone’s identity and ensure that they are eligible to work in the United States. Form I-9 is used for both citizens and noncitizens. This form is a requirement from U.S. Citizenship and Immigration Services (USCIS), and every person hired by an employer needs to complete this form. Both employees and employers are required to fill out information on this form.

Form I-9 initiates the verification process. Employees attest that they are authorized for employment, and will need to provide employers with the necessary identifying documents. They must attest that they are one of the following:

• A U.S. citizen
• A noncitizen national
• A lawful permanent resident
• An alien with work authorization

Form I-9 is an acknowledgment by both the employer and the new hire that the employee can work in the U.S. and has provided necessary proof to his or her new employer.

Section one of Form I-9 is where employees will enter their personal information, including their name, address, date of birth, social security number and the attestation of work authorization. They will simply check the box next to which type of citizenship describes their status. There is then a place for a signature from the employee.

Section two is filled out by the employer. They must list the provided identifying document title, issuing authority, document number and expiration date, if any. The employer then attests that they have examined the identifying documents and that, to the best of their knowledge, the employee is authorized to work in the U.S. They also will list the employee’s first day of employment here. Section two must be completed and signed within three business days of the employee’s first day of employment.

There is a small Section three where employers can reverify someone’s authorization if a document has expired.

Employees have a few options for verifying their identity with documents, and it’s up to them to decide what documents to show their employer. An important thing to note is that if an employer tries to require specific documentation from an employee, it could open them up to discrimination claims.

There are three columns of acceptable documentation: Lists A, B and C. Employees can choose just one document from List A and that is enough to meet requirements. List A includes:

• A U.S. passport or passport card.
• A permanent resident card or alien registration receipt card (Form I-551).
• A foreign passport with a temporary I-551 stamp or temporary I-551 notation on an immigrant visa.
• Employment authorization document with a photograph (Form I-766).
• Passport from the Federated States of Micronesia or the Republic of the Marshall Islands with Form I-94 that indicates nonimmigrant admission.
• For nonimmigrant aliens with work authorization for a specific employer because of status:

• A foreign passport, AND
• Form I-94 that shows the same name as the passport and an endorsement of their nonimmigrant status with a period that has not expired.

Employees may also select one document from List B and one from List C.

List B:

• Driver’s license or state-issued ID
• Government-issued ID
• School ID card with photo
• Voter registration card
• U.S. military card or draft record
• ID card for military dependent
• U.S. Coast Guard Merchant Mariner card
• Native American tribal document
• Canadian-issued driver’s license

People under 18 can also use a report card, hospital record or daycare record for this section.

List C:

• Social Security account number card
• Certification of a report of birth issued by the Department of State
• Original or certified copy of a birth certificate
• Native American tribal document
• U.S. Citizen ID card (Form I-197)
• ID card for use of resident citizen in the U.S. (Form I-179)
• Employment authorization document from the Department of Homeland Security

List A documents establish both identity and employment authorization; List B documents establish identity only; and List C documents establish employment authorization only.

It is important that employers keep the original signed Form I-9 for each employee for at least three years after the date they were hired, or one year after the end of employment, whichever is later. These forms may be audited by a government official under certain circumstances, so they should be accessible but stored securely since they contain sensitive personal information. These forms should be stored separately from other HR and employee files.

Making sure you’re always complying with regulations in the hiring process can be overwhelming. When you’re not sure about all the steps you need to put in place for new employees, the team at StaffLink can help. We are a Professional Employer Organization (PEO) that delivers expert HR management services, including onboarding processes, risk management, payroll administration, tax compliance, retirement planning, benefits administration and more. When you’re ready to get started,  request a proposal or contact us at (954) 423-8262 for more information.