Definition and Purpose of Formulario I-9
The Formulario I-9, also known as the Employment Eligibility Verification form, is a mandatory document used by employers in the United States to verify the identity and legal employment authorization of their employees. This form is essential in ensuring that businesses only hire individuals who are authorized to work in the United States. The primary goal of the Formulario I-9 is to prevent unauthorized employment and ensure compliance with immigration laws.
Steps to Complete the Formulario I-9
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Section 1: Employee Information and Attestation
- The employee must complete this section by providing personal information, including full name, address, date of birth, and Social Security number.
- The employee must attest to their citizenship or immigration status by selecting the applicable option and signing the section.
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Section 2: Employer Review and Verification
- Within three business days of the employee’s start date, the employer must complete this section by examining original documents that establish the employee's identity and employment authorization.
- The employer must record the document titles, issuing authorities, numbers, and expiration dates in the appropriate fields and sign the attestation.
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Section 3: Reverification and Rehires (if applicable)
- Employers must complete this section when re-verifying an employee’s work authorization or rehiring a former employee. The section requires updated information on the employee's work authorization documents.
Required Documents for the Formulario I-9
- Employees must present original documents that establish both their identity and work authorization. These documents are categorized into three lists:
- List A: Documents that establish both identity and employment authorization (e.g., U.S. passport, Permanent Resident Card).
- List B: Documents that establish identity (e.g., driver's license, school ID).
- List C: Documents that establish employment authorization (e.g., Social Security card, birth certificate).
Legal Use of the Formulario I-9
Employers must ensure that the Formulario I-9 is completed accurately and timely for every employee. The form should not be used for pre-employment screening purposes, and employers must treat all employees consistently. Discrepancies found during Formulario I-9 inspections can result in legal penalties, including fines and sanctions.
Penalties for Non-Compliance
Non-compliance with Formulario I-9 requirements can lead to severe penalties for employers. These include civil fines, criminal charges for patterns of violations, and debarment from government contracts. Fines can vary based on the extent and nature of the violations, ranging from failing to correctly complete, retain, or make the form available for inspection.
Digital vs. Paper Version of Formulario I-9
Employers have the option to complete and store Formulario I-9 in either paper or digital format. The electronic version offers several advantages, including easier storage, better access control, and integration with electronic record-keeping systems. However, it must comply with specific technological standards to ensure legal validity and data security.
Who Typically Uses the Formulario I-9?
- Employers: Businesses across various industries use Formulario I-9 to verify their employees' work eligibility.
- Employees: All individuals starting a new job in the U.S. must complete this form.
- Human Resources Departments: Responsible for managing the completion and retention of the Formulario I-9.
Practical Examples of Using Formulario I-9
- New Hires: Every new hire in the United States must fill out the Formulario I-9 within their first three days of employment, ensuring compliance from the onset.
- Audits and Inspections: Employers may be subject to audits or inspections by the U.S. Immigration and Customs Enforcement (ICE), which require presenting completed Formulario I-9s to demonstrate adherence to the law.
