I-9 (form) - Requirements

Requirements

The Immigration Reform and Control Act of 1986 (IRCA) required employers to verify that all newly-hired employees present "facially valid" documentation verifying the employee's identity and legal authorization to accept employment in the United States. The I-9 form or more properly the Employment Eligibility Verification Form is provided by the federal government for that purpose. Every employee hired after November 6, 1986 must complete an I-9 form at the time of hire. Employees must complete Section 1 of the form at the actual beginning of employment. The employer must complete Section 2 within three days of starting work. The employer is responsible for ensuring that the forms are completed properly, and in a timely manner. The I-9 is not required for unpaid volunteers or for contractors. However, a company could still find itself liable if it contracts work to a company knowing that the contractor employs unauthorized workers.

If an employee cannot read or cannot write English, a translator or preparer may complete the form and sign it, in addition to the employee's own signature.

In October 2004, new legislation made it possible to complete the I-9 electronically.

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