What Is an I-9 Form and What Do You Need in 2019?

As anyone who has either been hired for a job or hired someone for a job recently knows, the process of getting a new employee on board requires a frustratingly large amount of paperwork.

One of the most important forms that has to be filled out - by employees and employers alike - is the I-9 form. The I-9 is one of several government forms you will inevitably receive from a job, like the W-2 or W-4 form. However, this is not a tax form, it is much different but as important for employers. The I-9 isn't just necessary for employers; failing to comply with the form can lead to significant fines from the government. So it's important for everyone involved to complete the I-9 form, and the hiring process as a result.

So, what is an I-9 form, and what do you need to successfully fill it out?

What Is an I-9?

Form I-9 is a government form filled out by both an employee and employer so that both their identity and their legal ability to be employed in the U.S. can be confirmed. It's also known as an Employee Eligibility Form.

The form was created by the United States Citizenship and Immigration Services (USCIS), which is within the Department of Homeland Security (DHS). You will not only need to fill it out, but provide documentation to prove your identity and status.

There are a few exceptions in which an I-9 is not required. If you aren't physically working in the U.S., you won't need to fill out an I-9. This is also the case if you're hired as an independent contractor, or if you're being hired for occasional babysitting.

Form I-9's history dates back to 1986, when the Reagan administration passed the Immigration Reform and Control Act (IRCA). Part of this act was making employers legally responsible for verifying whether an employee is eligible to legally work in the U.S. As such, the I-9 is to prove that anyone hired by a company after Nov. 6, 1986 is authorized for employment.

Once an employee fills out an I-9 and is verified, continuous employment keeps it valid until there has been an employment gap of at least one year. If a work visa expires, another I-9 must be filled out so a new visa can be issued.

Why Is an I-9 Form Required?

In addition to verifying legal employment eligibility, the I-9 and the IRCA attempt to curb discrimination by including clauses that specifically prohibit discrimination against those legally eligible for employment because of where they're from or their citizenship (or lack thereof). Thus, if someone was not born in the U.S. but is still legally able to work here, that prospective employer cannot fire them or deny them employment because of where they are from.

Employers also have to make sure the I-9 form is completed and the employee's eligibility verified because if they fail to do so or knowingly hire unauthorized employees, they can be subject to fines and other punishments by the government. These fines could be in the hundreds of dollars or, if a particularly egregious violation of IRCA, tens of thousands of dollars per unauthorized employee.

Punishments for violation of the I-9 are determined by a number of factors - how serious the violation was, the size of the company, the company's history of violations, etc.

How to Fill Out an I-9

As an employer, your human resources department will need I-9 forms on file for new employees before they're even hired. Considering they are available on the USCIS website for download as a PDF and can be filled out electronically, this part is simple enough. The most recent PDF also offers more information for all of the sections that have to be filled out, in case you have questions.

Upon an employee accepting the job offer, the I-9 is one of the required forms. Form I-9 has three sections; one filled out by the employee, two filled out by the employer.

Sections of the I-9

The first section of the I-9 is filled out by the employee. This is to find out the most prominent information about the employee, as well as their legal status as a worker. You as an employee will need to provide your full name, address, date of birth, Social Security number, email address and phone number.

You'll then have to check off what your status is as an authorized employee. Your options are:

• Citizen of the United States
• A noncitizen national of the United States
• A lawful permanent resident (you will need to provide your Alien Registration Number/USCIS Number)
• An alien authorized to work

If you are the latter, you will need to provide the date your authorization expires, as well as either your USCIS Number, Form I-94 Admission Number or Foreign Passport Number, as well as the country that issued the passport. Sign and date it from there.

There is no I-9 in Spanish in the continental U.S. (there is in Puerto Rico), but you're allowed to have a translator help fill it out. If you do, the bottom of Section 1 must be filled out by the translator by signing, dating and providing their name and address.

Regardless of your status as a legally eligible employee, you will have to provide documentation as proof of your status. Section 2 is where your employer verifies that they received these documents, records what they were, and signs off on it. If you are an employer, you will not just have to sign and date, but provide your full name and title, as well as the business name and address.

Section 3 is also filled out by employers, but is not always needed. This is the "Reverification and Rehires" section, filled out if the employee in the case of the aforementioned year-plus gap of employment or their employment visa has recently expired. The employer or authorized representative fills out changes if relevant, such as whether the employee has changed their name, and provides proof of new authorization documentation should if there is a new document.

Documents Needed for the I-9

As was mentioned, Section 2 is where the employer reviews and verifies your documents proving your eligibility. You'll need to provide those documents for your employer and include them with the form.

To verify this, you will need documentation that proves both your identity and your employment authorization. Some documents you may or may not have establish both of these, and these are in what the USCIS refers to as List A. If you have one document that is part of List A, you don't need any additional documents. If you don't, you will need a combination of one document from List B - documents that establish your identity - and one from List C - documents that establish employment authorization.

Documents within List A include:

• U.S. Passport or U.S. Passport Card
• Permanent Resident Card or Alien Registration Receipt Card
• Employee Authorization Document Card
• Foreign Passport with Form I-94 or I-94A containing endorsement to work
• Foreign Passport with Form I-551 stamp or printed notation

All of these documents must be unexpired.

Documents within List B include:

• Driver's License
• Government ID with Photograph
• School ID Card with Photograph
• U.S. Military Card
• Voter ID Card
• Military Dependent's ID Card
• U.S. Coast Guard Merchant Mariner Document Card
• Native American Tribal Document
• Driver's License Issued by a Canadian Government Authority

If you as an employee are under the age of 18, you may also use school record/report card, medical record or a daycare/nursery school record.

Documents within List C include:

• U.S. Social Security Number Card (unless it indicates NOT VALID FOR EMPLOYMENT, VALID FOR WORK ONLY WITH INS AUTHORIZATION or VALID FOR WORK ONLY WITH DHS AUTHORIZATION)
• Birth Certificate issued by the U.S. Department of State, including Birth Abroad
• Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying territory of the United States bearing an official seal
• Consular Report of Birth Abroad
• Native American Tribal Document
• U.S. Citizen ID Card
• ID Card for Use of Resident Citizen in the U.S.
• Employment Authorization Document issued by DHS