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 West Virginia, as in all other U.S. states, employers are required to use Form I-9 to verify the identity and employment authorization of every individual they hire, regardless of citizenship status. The process involves the new employee providing documentation that proves their identity and legal authorization to work in the United States. The employer is responsible for reviewing these documents to ensure they are valid and correspond to the individual presenting them. The employer must then record the relevant information from the documents onto the Form I-9. The list of documents that are acceptable for this purpose is included with the form. Employers in West Virginia must keep completed Forms I-9 on file for a certain period of time and be prepared to present them if requested by authorized government officials, such as agents from the Department of Homeland Security, the Department of Labor, or the Immigrant and Employee Rights Section (IER). This requirement is mandated by federal law, specifically the Immigration Reform and Control Act (IRCA) of 1986, and does not vary by state.