Both employers and employees in the United States must verify the employment eligibility of workers. The I-9 form, officially known as the Employment Eligibility Verification Form, plays a central role in this process.
Using this form, employers can confirm an employee’s identity and work eligibility through the E-Verify system. But you also need to understand the difference between the i9 form and e -e-verify.
The I-9 form is mandatory for all employers and requires a physical check of documents without requiring a Social Security number or photograph. It is used to verify expired work authorizations. E-Verify, on the other hand, is voluntary, requiring a Social Security number, and a photo. However, E-Verify cannot be used to reverify expired work authorizations. It is up to the employers to decide which is best for them.
In this blog, we will explore the details of the I-9 form, its purpose, and how it fits into the wider employment verification process.
What is the I-9 Form?
Employers in the United States use the I-9 form to verify their employees’ identity and employment eligibility. e-verify was developed by Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security (DHS), according to which i-9 is the core of e-verify. The form consists of three sections, each requiring specific information and documentation.
Purpose of the I-9 Form:
A primary purpose of the I-9 form is to ensure that employees hired by U.S. employers can legally work in this country. Complying with federal immigration laws and regulations requires employers to collect and document the necessary information.
Using the I-9 form helps prevent the employment of individuals who are not legally entitled to work in the country. The Act also protects the rights of eligible workers, preventing them from being discriminated against because of their citizenship status.
Components of the I-9 Form:
The I-9 form consists of three sections:
- Section 1: The employee must fill out this section with personal information such as name, address, date of birth, and citizenship status. Also, employees must certify their employment authorization.
- Section 2: This section is completed by the employer and involves examining the employee’s original documents. There are specific documents that are acceptable, including a U.S. passport, driver’s license, and Social Security card, among others.
- Section 3: The purpose of this section is to re-verify employees and to rehire them. This process is completed when an employee’s work authorization expires or when they are rehired within a specified timeframe.
E-Verify System:
Using E-Verify, employers can verify a worker’s eligibility for employment by comparing the information on the I-9 form with government databases. The employment verification process is manual with the I-9 form, but with E-Verify, it is much more accurate and efficient.
If an employer chooses to use E-Verify, he or she must still complete the I-9 form for each employee. By adding E-Verify to the application process, a second layer of assurance is added to the accuracy of the information that is provided.
Consequences of Non-Compliance:
Employers can face serious consequences if they fail to comply with I-9 requirements. Depending on the violation, fines, debarment from federal contracts, and other legal punishments may be imposed. To ensure proper completion and retention of the I-9 form, employers must stay up-to-date on updates to the form.
Conclusion:
The I-9 form is a crucial tool in the employment verification process in the United States. By accurately completing and retaining these forms, employers contribute to maintaining a legal and compliant workforce. The integration of the E-Verify system further enhances the accuracy and efficiency of this process. Employers should prioritize understanding and implementing the I-9 requirements to avoid potential legal consequences and promote fair and lawful employment practices.
