When onboarding new employees in the United States, it’s essential to comply with all applicable immigration laws. One of the most critical steps in this process is completing the Employment Eligibility Verification form, more commonly known as Form I-9.
Below is a brief but comprehensive overview of the I-9 form and its role in ensuring compliance when hiring.
What Is the I-9 Form?
- Form I-9 is a document issued by the S. Citizenship and Immigration Services (USCIS)that employers are required to complete for every employee they hire, regardless of citizenship status. Its purpose is to verify the identity of the employee and confirm their eligibility to work in the United States.
- It is mandatoryfor all employers to have a completed I-9 form on file for each employee, and these forms must be available for inspection by the USCIS or other government agencies if requested.
Structure of the I-9 Form
The form is divided into two main sections:
Section 1: Employee Information and Attestation
- Completed by the employee
- Must be done no later than the first day of employment
- Requires the employee to provide personal information such as:
- Full name
- Address
- Date of birth
- Citizenship or immigration status
- The employee must sign this section to confirm that the information is accurate
Section 2: Employer Review and Verification
- Completed by the employer
- Must be completed within three business days of the employee’s start date
- Involves reviewing original documents provided by the employee that verify:
- Identity (e.g., driver’s license, passport)
- Employment authorization (e.g., Social Security card, work visa)
- The documents must come from:
- List A (identity and work authorization), or
- A combination of List B (identity) and List C (work authorization)
The lists of acceptable documents are included within the I-9 form instructions.
Retention and Storage Requirements
Once completed, the I-9 form must be retained by the employer for the duration of the employee’s employment, and for a specific time after the employment ends, which is the later of:
- Three years from the date of hire, or
- One year after the date of termination
It’s important that these forms are stored securely, as they contain sensitive personal information.
Why Is This Important?
Failure to properly complete, verify, or retain the I-9 form can lead to:
- Significant civil penalties
- Fines or legal action during government audits
- Risk of reputational damage
Maintaining accurate and timely I-9 compliance is a crucial step in demonstrating a company’s commitment to lawful hiring practices and protecting against avoidable legal exposure.
Questions?
If you have any questions or concerns about Form I-9, employment eligibility, or compliance with U.S. immigration and labor laws, our team is here to help. We are committed to keeping our clients fully informed and compliant with all applicable regulations. Please do not hesitate to contact our office by phone at 519-252-3888 or by email to mk@ingenuitycounsel.com.
About Ingenuity Counsel
Ingenuity Counsel, located in Windsor, Ontario, Canada, is a niche law practice that provides U.S. cross-border tax and legal services to Canadians. In addition to setting up cross border structures in the real estate, manufacturing, greenhouse, food & hospitality, construction, interior design, communication, accounting, financial services, and fitness industries, among others, we also provide U.S. immigration services, such as E-2 investor, E-2 trader, and L-1A intra company transfer visas; sales & acquisitions of businesses; estate planning; probate & estate administration; and general contract and commercial advice. Please do not hesitate to contact our office by phone at 519-252-3888 or by email to mk@ingenuitycounsel.com today to schedule your initial consultation.
About Michael Kennedy
Michael Kennedy is an attorney-at-law admitted in the States of California, Michigan, Florida, and Arizona, with 22 years of experience. He is also authorized as a Foreign Legal Consultant by the Law Society of Ontario to provide legal services in Ontario respecting the laws of the United States. Mr. Kennedy provides legal advice only as it pertains to U.S. laws. Prior to establishing Ingenuity Counsel in 2012, he practiced law in the United States for more than 10 years in California, Michigan and Florida. Michael has a U.S. law degree (JD) from Western New England University School of Law and his Master of Laws degree (LLM) from Georgetown University Law Center in Washington DC.