Top 10 Legal Questions About How to Fill Out Employment Eligibility Verification Form

Question	Answer
1. What is the Employment Eligibility Verification Form?	The Employment Eligibility Verification Form, also known as Form I-9, is a document used by employers to verify the identity and employment authorization of individuals hired for employment in the United States.
2. Who required fill Form I-9?	All employers in the United States are required to ensure that employees complete and sign Section 1 of Form I-9 no later than the first day of employment.
3. What documents are acceptable for Form I-9 verification?	Acceptable documents for Form I-9 verification include a U.S. Passport, Permanent Resident Card, Employment Authorization Document, or a combination of documents such as a driver`s license and social security card.
4. Can Form I-9 be completed electronically?	Yes, Form I-9 can be completed and signed electronically by both the employee and employer, as long as certain requirements are met to ensure the authenticity and security of the electronic process.
5. What are the consequences of not properly completing Form I-9?	Failure to properly complete and retain Form I-9 can result in civil penalties, fines, and potential legal consequences for employers, including fines ranging from $230 to $2,292 per violation.
6. Can an employer require specific documents for Form I-9 verification?	No, the employer cannot specify which documents an employee must present for Form I-9 verification. The employee has the right to choose which acceptable documents to present.
7. Can an employer ask for additional documentation beyond Form I-9 requirements?	Employers are prohibited from requesting more or different documents than are required for Form I-9 verification, as it may constitute unlawful discrimination.
8. Are remote employees required to complete Form I-9 in person?	Remote employees can complete Form I-9 using a remote verification process, where the employee`s identity and documents are verified by an authorized representative, or through an electronic process that meets certain requirements.
9. Can an employer reverify an employee`s employment authorization?	Employers are required to reverify an employee`s employment authorization if the document presented for Form I-9 has expired. However, employers cannot selectively reverify the employment authorization of specific employees based on their citizenship or immigration status.
10. How long should Form I-9 be retained by the employer?	Employers are required to retain Form I-9 for at least three years after the date of hire, or one year after the date of termination, whichever is later. It is important for employers to maintain Form I-9 in a secure and organized manner for potential government inspection.

The Ultimate Guide to Filling Out the Employment Eligibility Verification Form

As a law aficionado, one of the most crucial tasks in the hiring process is filling out the Employment Eligibility Verification Form, also known as Form I-9. This form is required by law for all employers to ensure that they are hiring individuals who are authorized to work in the United States. It may seem like a daunting task, but with the right guidance, it can be a smooth and seamless process.

Understanding the Importance of Form I-9

Before delving into the nitty-gritty details of filling out Form I-9, it is essential to understand its significance. Form I-9 serves as a means for employers to verify the identity and employment authorization of individuals hired for employment in the United States. By completing this form, employers are ensuring compliance with federal immigration laws, thereby contributing to a workforce that is lawful and upholds the integrity of the immigration system.

Step-by-Step Guide to Filling Out Form I-9

Now, let`s dive into the practical aspects of filling out Form I-9. The form consists of three sections, each requiring specific information and documentation. Below is a step-by-step guide to help you navigate through the process:

Section 1: Employee Information Attestation

The first section the form completed the employee. It includes personal information such as name, address, date of birth, and Social Security number. Additionally, the employee must attest to their employment authorization status by selecting one of the acceptable options listed on the form. It is crucial for employers to ensure that all fields in this section are accurately filled out.

Section 2: Employer Review Verification

Once the employee has filled out Section 1, the employer is responsible for completing Section 2. This section requires the employer to examine the employee`s original documents to verify their identity and employment authorization. Employers must record the document title, issuing authority, document number, and expiration date (if applicable) from the presented documents. It is imperative to ensure that the documents provided comply with the list of acceptable documents provided on the form.

Section 3: Reverification Rehires

Section 3 is to be completed by the employer in cases of reverification and rehiring of employees. If an employee`s work authorization document has expired, the employer must reverify their employment authorization by examining new documents and recording the relevant information in this section. Similarly, for rehired employees, employers are required to complete this section to confirm continued employment authorization.

Common Mistakes to Avoid

While filling out Form I-9, there are several common mistakes that employers should be mindful of to ensure compliance. These include:

Failure complete all required fields
Accepting expired documents proof employment authorization
Using documents listed the form acceptable verification
Not retaining completed forms the required retention period

Filling out the Employment Eligibility Verification Form is a critical aspect of the hiring process, and it is essential for employers to familiarize themselves with the requirements and best practices involved. By following the step-by-step guide being mindful Common Mistakes to Avoid, employers can ensure compliance immigration laws contribute a workforce upholds the integrity the employment eligibility verification process.

Employment Eligibility Verification Form Contract

This contract outlines the legal requirements and obligations for filling out the Employment Eligibility Verification Form, as mandated by federal law.

Contract

Article I: Purpose
This contract (“Contract”) is entered into by and between the employer and the employee for the purpose of outlining the procedures and legal requirements for filling out the Employment Eligibility Verification Form, as required by the Immigration Reform and Control Act of 1986 (IRCA).
Article II: Definitions
1. Employer: The company, organization, or individual that is hiring the employee and is responsible for ensuring compliance with IRCA regulations.
2. Employee: The individual who is being hired by the employer and is required to complete the Employment Eligibility Verification Form.
Article III: Legal Requirements
1. The employer must provide the employee with the Employment Eligibility Verification Form (Form I-9) no later than the first day of employment.
2. The employee must complete Section 1 of the Form I-9 no later than the first day of employment.
3. The employer must review and verify the employee`s eligibility and identity documents within three business days of the start of employment.
4. The employer must retain the completed Form I-9 for the duration of the employee`s employment and for a period of three years after the date of hire or one year after the date of termination, whichever is later.
Article IV: Compliance
Both parties agree to comply with all federal laws and regulations regarding the completion and retention of the Employment Eligibility Verification Form. Failure to comply may result in legal penalties and sanctions.
Article V: Governing Law
This Contract shall be governed by and construed in accordance with the laws of the United States of America. Any disputes arising out of this Contract shall be resolved in the appropriate federal or state court.

How to Fill Out Employment Eligibility Verification Form: A Complete Guide