I-9 Laws

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Form I-9 is a one page, three-part form employees must complete, verifying their identity as well as proving they are allowed to work in the United States, and employers must sign and retain. Section 1 includes basic biographical information on the employee and also asks the employee to certify that he or she is a U.S. citizen, permanent resident, or authorized to work under another valid immigration status. Section 2 is completed by the employer verifying the documents the employee presented to prove identity and eligibility to work and that the paperwork was completed in a timely manner. Section 3 is for the employer to complete if it is required to periodically update the I-9 Form ("re-verify") if the worker is not authorized to permanently work in the U.S. when hired.

Form I-9 was updated in June 2007 and all employers must be using the new form as of December 26, 2007.

Employees must present documentation of identity and work authorization and can present documents from a pre-set list included in the I-9 Form's instructions. The government has three categories of documents: "List A" - Identity and Work Authorization; "List B" - Identity; and, "List C" - Work Authorization. An employee must present either a List A document; or a List B and a List C document. Some documents, like a U.S. passport or a permanent residency card, can prove both identity and employment authorization or employment eligibility. Some documents, like a driver's license, prove identity only and some documents, like a social security card (other than a card stating it is not valid for employment) prove work eligibility.

Employers are not allowed to tell employees which documents from the pre-set list they must present. Occasionally, an employee is authorized to work, but has not been issued a document on the list. In some of these cases, the worker is entitled to 90 days to get the documentation to the employer, though there are occasional cases where more time is permitted.