Before hiring a new employee, the employer has to verify that the person has the legal mandate to work in the U.S. The new hire has to demonstrate his or her eligibility to work in the U.S. It is the I-9 form that is used to verify a candidate’s eligibility for employment in the U.S. The form is used by the U.S. Citizenship and Immigration Services to determine one’s eligibility to stay and work in the USA.
As the employer, you have to see to it that the employee completes this form and hands it over to you. You need to retain this form with your along with other employment records. Indeed, you need to conform yourself with form I-9.
Filling Out Form I-9
Form I-9 seeks to obtain information from new recruits to see that they meet the requirements to live and work in the U.S. So, every worker has to complete this form.
Component of I-9 Form
Part I: Establishing Identity
This is a part that has to be filled in by the employee, and it deals with establishing identity. It asks for full name of the employee and his or her date of birth and address along with Social Security number (in applicable cases), telephone number and email address. However, the phone number and the email address are optional.
The employee has to assert that he is legally eligible to work in the U.S. since he/she is:
- A citizen of the USA;
- A nonresident national of USA;
- A lawful permanent resident;
- A foreigner who is authorized to work in the USA. These employees have to enter the date of expiration of their authorization, in cases where applicable. Such an employee also needs to enter the alien registration number, a unique number assigned to foreigners. If this is not available, he or she has to fill the Form I-94 admission number.
In the end, the employee has to put his or her sign and date on the form.
Any false information in this part may lead to fines and/or imprisonment.
However, in case the employee has a disability or needs a translation from English to his or her language, the person who would be assisting the employee in completing the form has to enter his/her address and name and also sign in the form. Moreover, this person also comes under penalty of perjury.
Part II: Verification of Identity
This is a part that needs to be filled in by the Employer, and it involves a review of the documents submitted by the employee.
Herein, the employer has to describe the documents submitted by the employee in order to verify the eligibility of the candidate. He has to do this within 3 days of his first day of employment. The employer can also keep copies of the documents presented by the employee.
There are three lists of documents to be submitted. The employer can go by any of these. The type of documents submitted by the employee must conform to the portion of Part II.
Conforming yourself to Form I-9 is not confined to submission of the documents by the employee. The employer must scrutinize the documents in accordance with the list.