Form I-9 Explained: Requirements, Training, and Compliance for Employers and Emp

1. Understanding Form I-9: Everything Employers and Employees Need to Know Landing a new job can be thrilling — new people, new opportunities, and a fresh start. But before the real work begins, there’s a lot of paperwork that goes on behind the scenes. This initial phase is where HR departments truly shine, handling everything from collecting documents to ensuring legal compliance. One critical part of this onboarding process? Form I-9— a key document every employer and employee in the U.S. must deal with. Let’s break it down so you know exactly what it is, why it matters, and how to stay compliant. What Is Form I-9? Form I-9, officially titled the Employment Eligibility Verification form, is a mandatory document that helps verify a person’s identity and legal authorization to work in the United States. This form became a federal requirement under the Immigration Reform and Control Act (IRCA) of 1986. Both employers and employees are required to complete it — employers to confirm the legitimacy of their workforce and employees to prove they are authorized to work in the U.S.

2. Whether you’re a U.S. citizen, a lawful permanent resident, or someone authorized to work temporarily, you’ll need to complete a Form I-9 when starting a new job. Why Is Form I-9 Important? Complying with Form I-9 requirements is more than just a bureaucratic box to check. It carries serious legal and operational significance. 1. Legal Compliance Filing Form I-9 is federally mandated. Failure to do so can result in audits, penalties, or worse —both for the employer and the employee. Staying compliant signals a company’s integrity and adherence to federal labor laws. 2. Verification of Work Eligibility The form ensures that all employees — citizens and noncitizens — are legally authorized to work in the U.S. It’s a protection mechanism for both the worker and the organization. 3. Accurate Employee Records Having up-to-date Form I-9 documentation supports better recordkeeping, which is essential for audits, rehires, or workforce planning. Think of it as a safety net for future HR and compliance needs. What Documents Are Needed for Form I-9? To complete Form I-9, employees must present valid documentation proving both identity and employment eligibility. These documents fall into three categories: List A, List B, and List C. List A – Documents That Verify Both Identity and Work Authorization U.S. Passport or U.S. Passport Card Permanent Resident Card (Form I-551), aka Green Card Employment Authorization Document (Form I-766) with a photo Foreign passport with Form I-94 and work authorization notation Passports from Micronesia or the Marshall Islands with I-94 or I-94A List B – Documents That Verify Identity Only

3. If no List A document is available, the employee must present one document from List B and one from List C. State-issued driver’s license or ID card with photo School ID card with photo Voter registration card U.S. military ID or dependent’s ID card Native American tribal documents List C – Documents That Verify Employment Authorization Only U.S. Social Security Card (not valid if marked “Not Valid for Employment”) Birth certificate issued by a U.S. state, county, or territory Certification of Report of Birth (Form DS-1350 or FS-545) Consular Report of Birth Abroad (Form FS-240) Employment authorization documents issued by the DHS What’s New with Form I-9 in 2022 and Beyond? The Department of Homeland Security (DHS) responded to pandemic-related challenges by extending Form I-9 flexibility through October 31, 2021. That temporary guidance officially expired on April 30, 2022. Here are a few notable changes: Condensed Layout: Sections 1 and 2 have been streamlined into a single section, reducing paperwork and making completion faster. Simplified Instructions: The instruction manual has been cut from 15 pages to 7 — a welcome update for HR teams. Section 3 Focus: This part is reserved for rehires and reverifications, which helps improve clarity and avoid misuse. For businesses, staying updated with these changes is crucial. That’s where Form I-9 training for HR personnel can make a significant difference in maintaining compliance and efficiency. The Role of E-Verify While Form I-9 is required by law, E-Verify is a voluntary (in most cases) online system that compares information from Form I-9 with government records. Here’s how it works:

4. Requires Social Security Number and photo documents Verifies identity electronically in real time Used by federal contractors under Federal Acquisition Regulation (FAR) Cannot be used to reverify expired work authorization Using E-Verify is optional for many businesses, but it can add an extra layer of security and compliance, especially for federal contractors. Final Thoughts Form I-9 might seem like a small piece of paper in the grand scheme of hiring — but it plays a huge role in ensuring legal employment, maintaining trust, and protecting organizations from serious penalties. If you’re an employer, make sure your team undergoes proper Form I-9 training to keep processes efficient and compliant. If you’re an employee, knowing what documents to prepare can make your onboarding smooth and stress-free.