Employers use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.
On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity documents an employee presents to determine whether the documents reasonably appear to be genuine and to relate to the employee—and then record the document information on the Form I-9.
The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.
In Virginia, as in all states across the United States, employers are required to use Form I-9 to verify the identity and employment authorization of every individual they hire. This applies to both citizens and noncitizens. The process involves the new employee providing documentation that proves their identity and authorization to work in the U.S. The employer is responsible for reviewing these documents to ensure they are valid and genuine, and for recording the information on the Form I-9. The form must be kept on file by the employer for a certain period of time and must be produced upon request by authorized government officials, such as those from the Department of Homeland Security, Department of Labor, or the Immigrant and Employee Rights Section (IER). Failure to comply with these requirements can result in legal penalties. It's important to note that while the Form I-9 requirements are federally mandated, state laws may also impact employment verification practices, but Virginia employers must primarily adhere to federal guidelines regarding Form I-9.