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Guide to Identity Verification and Form I-9 Eligibility for Employment
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All U.S. employers must verify employment eligibility and identity as of November 6, 1986 under the Immigration Reform and Control Act. This includes verification of an individual's identity as well as work eligibility.
- Start Application Immediately
- Easy to Understand Instructions
- Apply Online or by Mail
- Pricing and Fee Information Included
- Checklist of Required Documents
- Unlimited Online Support
What's included
What's included
- Overview of Form I-9 Eligibility Verification
- Who should fill out Form I-9?
- How to fill out Form I-9
- What documentation should you include?
- Who is responsible for verifying the documents?
- For U.S. citizens, Green Card Holders, and Individuals on Temporary Work Visas
- Additional information about Form I-9
- How to send Form I-9 to ICE (or the Department of Labor)
- Information about where to download Form I-9 Employment Eligibility verification
- How employees can get the necessary documents (Green Card, Social Security Card etc.
- Frequently Asked Questions (FAQs).
- List of all USCIS Offices in the Nation
- Directory of U.S. Consulates and Embassies
- How to get the most recent United States immigration forms
Employer Responsibility
Employers are responsible for ensuring that all new employees hired after November 6, 1986 have the correct documentation. For failing to provide Form I-9 to all employees on request, there are severe penalties. If the employee is unable to provide the necessary documents, the employer can refuse to hire them. Certain exceptions apply to Form I-9, including employees hired through employment agencies and independent contractors.
Penalties for not complying with Form I-9:
- Employers who fail or neglect to complete, retain, and make I-9 forms available for inspection could face fines of $100 to $1,100 each.
- Employers who hire or continue to hire unauthorized workers are subject to civil penalties ranging from $250 to $11,000.
- Employers who knowingly hire or continue to employ unauthorized workers can face criminal penalties of up to $3,000 and/or six months imprisonment.
Employee Responsibility
The employer must provide Form I-9 to a new employee. However, Section 1 must be completed by the employee before the start of each day. This is in order to comply with the Immigration Reform and Control Act. If the employer is unaware of this requirement, it is highly recommended that all new employees provide Form I-9 to the employer. This will ensure that their new workplace is compliant with federal regulations.
Validity of work eligibility and identity documents
The employer must verify that the documents the employee has provided are authentic. The following scenarios could be encountered by employers:
- Acceptance of a document is not authentic
- Accepted document is authentic, but it does not belong to the original person who provided it
An employer may refuse to accept documents that do not look authentic. The employer can refuse to accept a document that is not acceptable. Employers in the United States are prohibited from knowingly hiring or continuing to employ illegal workers under the Immigration Reform and Control Act of 1986. The Department of Homeland Security may fine the employer regardless of whether the illegal employment was intentional or accidental.
Employer Responsibility
Employers are responsible for ensuring that all new employees hired after November 6, 1986 have the correct documentation. For failing to provide Form I-9 to all employees on request, there are severe penalties. If the employee is unable to provide the necessary documents, the employer can refuse to hire them. Certain exceptions apply to Form I-9, including employees hired through employment agencies and independent contractors.
Penalties for not complying with Form I-9:
- Employers who fail or neglect to complete, retain, and make I-9 forms available for inspection could face fines of $100 to $1,100 each.
- Employers who hire or continue to hire unauthorized workers are subject to civil penalties ranging from $250 to $11,000.
- Employers who knowingly hire or continue to employ unauthorized workers can face criminal penalties of up to $3,000 and/or six months imprisonment.