Form I-9, Employment Eligibility

When it comes to hiring in the United States, compliance isn't just a good idea—it's a legal requirement. One of the most important steps in onboarding any new employee is completing Form I-9, also known as the Employment Eligibility Verification Form. But what exactly is this form, and who needs to use it? Let’s break it down.

The short answer: every employer and every new employee.

✅ Employers Must:

• Ensure that Section 1 is completed by the employee no later than their first day of work.

• Complete Section 2 by physically reviewing original documents provided by the employee within three business days of their start date.

• Retain the I-9 form for a designated period and present it if requested by authorized government officials.

✅ Employees Must:

• Complete Section 1 of the form by providing personal information, attesting to their work authorization status, and signing the form.

• Provide original, unexpired documents from the USCIS-approved list (List A, or a combination of List B and List C) to prove identity and work eligibility.

Are There Any Exceptions?

Yes, but they're rare. Form I-9 is not required for:

• Individuals hired before November 7, 1986, who have been continuously employed.

• Independent contractors (though employers should be careful not to misclassify).

• Employees working outside of the U.S.

Why Is It Important?

Failing to properly complete or retain Form I-9 can result in significant fines and penalties. The U.S. Immigration and Customs Enforcement (ICE) regularly conducts audits, and violations—even if unintentional—can cost employers thousands of dollars per form.

Maintaining compliance with I-9 regulations helps businesses:

• Avoid legal and financial penalties

• Ensure a lawful workforce

• Streamline onboarding procedures

Form I-9 may seem like a simple piece of paperwork, but it carries substantial legal weight. Every employer has the responsibility to understand and properly execute this process. If you're a business owner, HR professional, or even a remote worker needing an I-9 authorized representative, staying informed and compliant isn’t optional—it’s essential.