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Understanding the Employment Eligibility Verification Form: A Complete Guide
Definition & Meaning
The Employment Eligibility Verification Form, commonly known as Form I-9, is a document used in the United States to confirm that individuals hired after November 6, 1986, are authorized to work. This one-page form was developed by the United States Citizenship and Immigration Services (USCIS) to ensure that employers verify the identity and employment authorization of their employees. Completing this form is a crucial step in the hiring process for all employers in the U.S.
Table of content
Legal Use & context
The Employment Eligibility Verification Form is primarily used in employment law. Employers are required to complete this form for each new hire to comply with federal immigration laws. The form helps prevent the hiring of individuals who are not authorized to work in the United States. Users can manage this process themselves with the appropriate legal templates, such as those provided by US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, when a company hires a new employee, they must ask the employee to complete Form I-9. The employee will present documents, such as a passport or driver's license, to prove their identity and work eligibility. The employer then reviews these documents and completes their section of the form.
(hypothetical example) A restaurant owner hires a new chef and ensures they complete Form I-9, verifying their eligibility to work in the U.S. before their first day.
Relevant laws & statutes
The primary law governing the Employment Eligibility Verification Form is the Immigration Reform and Control Act of 1986 (IRCA). This act mandates that employers verify the employment eligibility of their employees and outlines the penalties for non-compliance. Other relevant regulations can be found in the Code of Federal Regulations (CFR), specifically Title 8.
Common misunderstandings
What to do if this term applies to you
If you are an employer, ensure that you provide Form I-9 to all new hires and assist them in completing it accurately. Retain the completed forms for the required period. If you are an employee, be prepared to present acceptable documents that prove your identity and eligibility to work in the U.S. For assistance, consider using US Legal Forms for ready-to-use templates. If you face complexities in the process, it may be wise to seek legal advice.
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Three years after the date of hire or one year after employment ends, whichever is later
Penalties for Non-Compliance
Fines and potential legal repercussions for employers
Key takeaways
Frequently asked questions
Yes, all new hires, including temporary workers, must complete Form I-9.
You must provide documents that establish both your identity and your eligibility to work, such as a passport or a driver's license along with a Social Security card.
Employers must retain Form I-9 for three years after the date of hire or one year after employment ends, whichever is later.