As a business owner or employer in the U.S., staying on top of your legal obligations can feel like a lot. One of the most important steps in ensuring your workforce is legally authorized to work in the U.S. is properly handling Form I-9, also known as the "Employment Eligibility Verification" form.
Managed by the U.S. Citizenship and Immigration Services (USCIS), this form is your ticket to staying compliant with immigration laws while building a solid, legally authorized team.
This guide breaks down Form I-9 into easy-to-understand steps, so you know exactly what’s required, why it matters, and how to avoid some hefty fines. Think of it as your roadmap to peace of mind when it comes to hiring the right people.
What is Form I-9?
Let’s start with the basics: Form I-9 is a must-have for every U.S. employer. This form confirms the identity and work eligibility of anyone you hire, whether they’re a U.S. citizen, a lawful permanent resident, or a non-citizen authorized to work.
The deal is that both employees and employers have a role to play in completing this form. The employee needs to provide their personal details and show documents that prove they’re legit. You, as the employer, are responsible for verifying those documents and making sure everything checks out.
Why Form I-9 Matters for U.S. Employers
So, why is Form I-9 such a big deal? Quite simply, it’s the law and every U.S. employer is required to complete this form for all new hires—no exceptions. Messing this up could mean steep fines and legal trouble.
Think of Form I-9 as your protection against hiring unauthorized workers. By properly completing and retaining these forms, you’re showing that you’ve done your due diligence to verify your employees’ work eligibility.
Remember, agencies like the Department of Homeland Security (DHS) and the Department of Labor (DOL) can request access to these forms at any time during an audit.
Not having your forms in order can lead to fines ranging from $252 to over $2,500 per violation, depending on the offense.
How to Complete Form I-9: Your Step-by-Step Guide
Let’s walk through how to get Form I-9 done right. The good news is it is not as tricky as it seems once you break it down.
Section 1: Employee’s Part
- Your new employee fills out this section by their first day on the job.
- They’ll need to provide their full name, address, and birthdate. Most importantly, they’ll attest to their citizenship or immigration status.
- The employee signs and dates the form to certify everything is accurate.
Section 2: Employer’s Part
- This is where you come in. Within three business days of the employee’s start date, you need to check the documents that prove both identity and work eligibility.
- The employee can choose to show one document from List A (like a U.S. passport) or a combination of documents from List B (identity, like a driver’s license) and List C (work eligibility, like a Social Security card).
- You then fill in the details of these documents, sign the form, and date it.
Section 3: Reverification (If Needed)
- If an employee’s work authorization expires, or if they’re rehired within three years of their original hire date, this is the section you’ll need to revisit.
By completing these sections accurately, you’re ensuring your business stays compliant.
What Documents Are Acceptable for Form I-9?
Now, let’s talk about the documents your employees need to present. There’s no one-size-fits-all here—Form I-9 allows for flexibility based on the type of documents provided. Here’s a quick overview:
- List A: These documents prove both identity and work eligibility. For example, a U.S. passport or permanent resident card.
- List B: These documents only prove identity, like a driver’s license.
- List C: These show work eligibility, like a Social Security card.
One key thing to remember: you can’t tell your employee what documents to present. Doing so could be considered discriminatory and the employee has the right to choose any combination of valid documents from the lists.
How Long Should You Retain and Store Form I-9?
Completing Form I-9 is only part of the process—you also need to know how long to keep it. The rule of thumb is to hold onto the form for three years after the employee’s hire date or one year after they leave, whichever comes later.
You can store these forms on paper or electronically, but make sure they’re kept securely. Poor management of Form I-9—like losing it or failing to properly store it—can result in fines, especially during an audit.
Penalties for Form I-9 Non-Compliance
Not complying with Form I-9 requirements can hit your business hard. The penalties range depending on the violation, but here’s what you’re looking at:
- Paperwork violations: Fines between $252 and $2,507 per form.
- Knowingly hiring or continuing to employ unauthorized workers: Fines up to $23,607 for repeat offenses.
No one wants to get caught up in that and the cost of not doing things right far outweighs the effort it takes to stay compliant.
How Rozas Immigration Can Help You
If you’re feeling overwhelmed or unsure about handling Form I-9, don’t worry—Rozas Immigration is here to help. We have extensive knowledge of immigration law in Louisiana and can guide you through everything, from completing the forms correctly to preparing for audits. Let us help ensure your business stays compliant with U.S. employment laws.
Have questions or need assistance? Reach out to us at (225) 341-6945 or schedule a consultation. We’re here to protect your business and give you the peace of mind you need.