I-9 Form

Form I-9 is used to verify every employee’s identity and eligibility to work in the U.S. The form must be completed within three days of hiring a new employee.

I-9 forms can be completed in hardcopy or electronically and securely stored. Each employer retains the forms for its employees. The forms should be readily available for audit or inspection by the USCIS, but the forms should not be sent to the USCIS. Employers must keep each employee’s I-9 for three years from the hire date or one year from the employee’s termination date.

• Employee attestation of eligibility to work in the U.S. – Employees must provide personal and contact information on the form.
• Proofs of identity – Two forms of identification are required. Depending on the employee’s country of origin, some examples of identification required are a passport, a Permanent Resident Card, an Alien Registration Receipt Card, a driver’s license, or a Social Security Card. The Employment Eligibility Verification form lists acceptable forms of identification.
  • Many employers decide to keep copies of each employee's forms of identification.
  • Other employers choose to verify an employee’s eligibility to work in the U.S. with E-Verify, which is available on the United States Citizenship and Immigration Services (USCIS) website.
• Review and verification – An authorized employer representative must review and verify the documentation presented as proof of an employee’s identity and eligibility to work in the U.S.
• Kept current – I-9 forms must be kept current as an employee’s authorization to work expires and is extended.

Verifying identity, work eligibility, and the required documentation can be challenging. Well-documented instructions help your business avoid violations and penalties. If your business has already been charged with an offense, Attorney Randall can help you recover and avoid future penalties.

Attorney Randall educates employers on the process so they can establish procedures for I-9 compliance. His professional memberships include:

• Arizona Employment Lawyers Association
• American Immigration Lawyers Association
• State Bar of Arizona – Employment and Labor Law Section