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In the realm of employment in the United States, the USCIS I-9 form plays a pivotal role, ensuring that individuals are legally authorized to work. This critical document bridges the gap between potential employees and their legal eligibility, across all sectors and industries, maintaining the integrity of the workforce. It's a mandatory process, requiring careful attention from both employers and employees to accurately complete the form. The purpose is clear: to prevent unauthorized employment, which is a cornerstone in upholding the country's labor laws. With its sections designed to verify an individual’s identity and employment authorization, the form serves as a testament to the employer's compliance with U.S. immigration laws. It's a straightforward yet essential tool in the employment verification process, highlighting the mutual responsibility of employers and employees to adhere to the regulations set forth by the United States Citizenship and Immigration Services (USCIS). The completion, retention, and, if necessary, presentation of the I-9 form to government officials underscores its significance in the overarching goal of ensuring a legally authorized workforce.

Form Preview Example

Employment Eligibility Verification

USCIS

Department of Homeland Security

Form I-9

OMB No. 1615-0047

U.S. Citizenship and Immigration Services

Expires 10/31/2022

START HERE: Read instructions carefully before completing this form. The instructions must be available, either in paper or electronically, during completion of this form. Employers are liable for errors in the completion of this form.

ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work-authorized individuals. Employers CANNOT specify which document(s) an employee may present to establish employment authorization and identity. The refusal to hire or continue to employ an individual because the documentation presented has a future expiration date may also constitute illegal discrimination.

Section 1. Employee Information and Attestation (Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment, but not before accepting a job offer.)

Last Name (Family Name)

First Name (Given Name)

Middle Initial

Other Last Names Used (if any)

 

 

Address (Street Number and Name)

Apt. Number

City or Town

 

 

State

ZIP Code

 

 

Date of Birth (mm/dd/yyyy)

U.S. Social Security Number

 

Employee's E-mail Address

 

 

 

 

 

 

 

-

 

 

 

 

 

 

 

 

 

 

 

-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employee's Telephone Number

I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form.

I attest, under penalty of perjury, that I am (check one of the following boxes):

1.

A citizen of the United States

 

 

 

 

 

 

 

2.

A noncitizen national of the United States (See instructions)

 

 

 

 

 

3.

A lawful permanent resident

(Alien Registration Number/USCIS Number):

 

 

 

 

 

 

 

 

 

 

4.

An alien authorized to work

until (expiration date, if applicable, mm/dd/yyyy):

Some aliens may write "N/A" in the expiration date field. (See instructions)

Aliens authorized to work must provide only one of the following document numbers to complete Form I-9:

An Alien Registration Number/USCIS Number OR Form I-94 Admission Number OR Foreign Passport Number.

1.Alien Registration Number/USCIS Number:

OR

2.Form I-94 Admission Number:

OR

3.Foreign Passport Number: Country of Issuance:

QR Code - Section 1

Do Not Write In This Space

Signature of Employee

Today's Date (mm/dd/yyyy)

 

 

Preparer and/or Translator Certification (check one):

I did not use a preparer or translator.

 

A preparer(s) and/or translator(s) assisted the employee in completing Section 1.

(Fields below must be completed and signed when preparers and/or translators assist an employee in completing Section 1.)

I attest, under penalty of perjury, that I have assisted in the completion of Section 1 of this form and that to the best of my knowledge the information is true and correct.

Signature of Preparer or Translator

 

 

Today's Date (mm/dd/yyyy)

 

 

 

 

 

 

 

Last Name (Family Name)

 

First Name (Given Name)

 

 

 

 

 

 

 

 

 

 

 

Address (Street Number and Name)

City or Town

 

State

ZIP Code

 

 

 

 

 

 

 

Employer Completes Next Page

Form I-9 10/21/2019

PagePage1 ofof4

Employment Eligibility Verification

USCIS

Department of Homeland Security

Form I-9

OMB No. 1615-0047

U.S. Citizenship and Immigration Services

Expires 10/31/2022

Section 2. Employer or Authorized Representative Review and Verification

(Employers or their authorized representative must complete and sign Section 2 within 3 business days of the employee's first day of employment. You must physically examine one document from List A OR a combination of one document from List B and one document from List C as listed on the "Lists of Acceptable Documents.")

Employee Info from Section 1

Last Name (Family Name)

First Name (Given Name)

M.I.

Citizenship/Immigration Status

List A

OR

 

List B

AND

List C

Identity and Employment Authorization

 

 

 

 

 

Identity

 

 

 

 

Employment Authorization

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Document Title

 

 

 

 

Document Title

 

 

Document Title

 

 

 

 

 

 

 

 

 

 

 

 

 

Issuing Authority

 

 

 

 

Issuing Authority

 

 

Issuing Authority

 

 

 

 

 

 

 

 

 

 

 

Document Number

 

 

 

 

Document Number

 

 

Document Number

 

 

 

 

 

 

 

 

 

Expiration Date (if any) (mm/dd/yyyy)

 

 

 

 

Expiration Date (if any) (mm/dd/yyyy)

 

 

Expiration Date (if any) (mm/dd/yyyy)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Document Title

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Issuing Authority

 

 

 

 

 

Additional Information

 

 

 

 

 

QR Code - Sections 2 & 3

 

 

 

 

 

 

 

 

 

 

 

Do Not Write In This Space

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Document Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Expiration Date (if any) (mm/dd/yyyy)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Document Title

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Issuing Authority

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Document Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Expiration Date (if any) (mm/dd/yyyy)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certification: I attest, under penalty of perjury, that (1) I have examined the document(s) presented by the above-named employee,

(2)the above-listed document(s) appear to be genuine and to relate to the employee named, and (3) to the best of my knowledge the employee is authorized to work in the United States.

The employee's first day of employment (mm/dd/yyyy):

 

(See instructions for exemptions)

 

 

 

Signature of Employer or Authorized Representative

Today's Date (mm/dd/yyyy)

Title of Employer or Authorized Representative

Last Name of Employer or Authorized Representative

First Name of Employer or Authorized Representative

 

 

Employer's Business or Organization Name

Employer's Business or Organization Address (Street Number and Name) City or Town

State

ZIP Code

Form I-9 10/21/2019

PagePage2 ofof4

Employment Eligibility Verification

USCIS

Department of Homeland Security

Form I-9

OMB No. 1615-0047

U.S. Citizenship and Immigration Services

Expires 10/31/2022

Employee Name from Section 1:

Last Name (Family Name)

First Name (Given Name)

Middle Initial

Section 3. Reverification and Rehires (To be completed and signed by employer or authorized representative.)

A. New Name (if applicable)

 

 

B. Date of Rehire (if applicable)

Last Name (Family Name)

First Name (Given Name)

Middle Initial

Date (mm/dd/yyyy)

 

 

 

 

C. If the employee's previous grant of employment authorization has expired, provide the information for the document or receipt that establishes continuing employment authorization in the space provided below.

Document Title

Document Number

Expiration Date (if any) (mm/dd/yyyy)

I attest, under penalty of perjury, that to the best of my knowledge, this employee is authorized to work in the United States, and if the employee presented document(s), the document(s) I have examined appear to be genuine and to relate to the individual.

Signature of Employer or Authorized Representative

Today's Date (mm/dd/yyyy)

Name of Employer or Authorized Representative

 

 

 

Form I-9 10/21/2019

PagePage3 ofof4

LISTS OF ACCEPTABLE DOCUMENTS

All documents must be UNEXPIRED

Employees may present one selection from List A

or a combination of one selection from List B and one selection from List C.

LIST A

LIST B

LIST C

Documents that Establish

Documents that Establish

Documents that Establish

Both Identity and

Identity

Employment Authorization

Employment Authorization

OR

AND

1.U.S. Passport or U.S. Passport Card

2.Permanent Resident Card or Alien Registration Receipt Card (Form I-551)

3.Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine- readable immigrant visa

4.Employment Authorization Document that contains a photograph (Form I-766)

5.For a nonimmigrant alien authorized to work for a specific employer because of his or her status:

a.Foreign passport; and

b.Form I-94 or Form I-94A that has the following:

(1)The same name as the passport; and

(2)An endorsement of the alien's nonimmigrant status as long as that period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form.

6.Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI

1.Driver's license or ID card issued by a State or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address

2.ID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address

3.School ID card with a photograph

4.Voter's registration card

5.U.S. Military card or draft record

6.Military dependent's ID card

7.U.S. Coast Guard Merchant Mariner Card

8.Native American tribal document

9.Driver's license issued by a Canadian government authority

For persons under age 18 who are

unable to present a document

listed above:

10.School record or report card

11.Clinic, doctor, or hospital record

12.Day-care or nursery school record

1.A Social Security Account Number card, unless the card includes one of the following restrictions:

(1)NOT VALID FOR EMPLOYMENT

(2)VALID FOR WORK ONLY WITH INS AUTHORIZATION

(3)VALID FOR WORK ONLY WITH DHS AUTHORIZATION

2.Certification of report of birth issued by the Department of State (Forms DS-1350, FS-545, FS-240)

3.Original or certified copy of birth certificate issued by a State, county, municipal authority, or territory of the United States bearing an official seal

4.Native American tribal document

5.U.S. Citizen ID Card (Form I-197)

6.Identification Card for Use of Resident Citizen in the United States (Form I-179)

7.Employment authorization document issued by the Department of Homeland Security

Examples of many of these documents appear in the Handbook for Employers (M-274).

Refer to the instructions for more information about acceptable receipts.

Form I-9 10/21/2019

Page 4 of 4

File Characteristics

Fact Name Description
Purpose of Form I-9 Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States.
Required by Employers All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States.
Employee and Employer Sections The form comprises two sections: one to be completed by the employee and the other by the employer.
Retention Requirements Employers are required to retain completed forms for a certain period - either three years after the date of hire or one year after employment is terminated, whichever is later.
Inspection by Authorities Form I-9 is subject to inspection by U.S. government officials, such as those from the Department of Homeland Security, Department of Labor, and Office of Special Counsel.
No Filing with USCIS Unlike many other forms related to immigration, Form I-9 is not filed with USCIS. Employers must retain the form themselves and make it available for inspection if requested.
Acceptable Documents The form requires documentation that verifies the employee's identity and employment authorization. There is a list of acceptable documents divided into three categories: A, B, and C.
Updates and Versions The U.S. government periodically updates Form I-9. Employers must ensure they use the version of the form that is current at the time of hire.
Penalties for Non-Compliance Failure to comply with the I-9 requirements can result in civil fines, criminal penalties, and other sanctions against employers.
Electronic Completion and Storage While employers can complete and retain Form I-9 in paper format, they also have the option to complete and store it electronically, as long as they comply with specific regulations.

Steps to Writing USCIS I-9

Once an individual has been offered a job, one of the crucial steps that follows is the completion of the USCIS I-9 form. This document is essential for verifying an employee's authorization to work in the United States. It's a straightforward process that involves both the employer and the new employee. By meticulously following each step, one ensures compliance with employment regulations, facilitating a smooth onboarding process. Let's dive into the specifics of filling out the form.

  1. Start by accessing the latest version of the USCIS I-9 form, available on the U.S. Citizenship and Immigration Services website.
  2. In Section 1, which must be completed by the employee no later than the first day of work, enter your full legal name, including any other names used (aliases or maiden names).
  3. Provide your address and date of birth in the specified format.
  4. Enter your Social Security number (ensure accuracy as this is a critical piece of information).
  5. Indicate your email address and telephone number, though these fields are optional.
  6. Select your citizenship status from the provided options: a U.S. citizen, a noncitizen national of the United States, a lawful permanent resident (including your Alien Registration Number/USCIS Number), or an alien authorized to work (requiring you to provide the expiration date of your work authorization and the Alien Registration Number/USCIS Number or Form I-94 Admission Number).
  7. Signature and date are vital. Make sure to sign and date the form, thereby attesting that all the information provided is true and correct. Note that this part is declaring under penalty of perjury, so accuracy is paramount.
  8. Section 2 is for the employer and must be completed within three business days of the employee's first day of work. It involves examining documents that the employee presents, which prove identity and employment authorization. There are various documents that can fulfill this requirement, categorized into List A (which shows both identity and employment authorization), or List B (which shows identity only) and List C (which shows employment authorization only). Employers need to examine these documents and certify that they reasonably appear to be genuine and relate to the individual presenting them.
  9. The employer then fills out the necessary information regarding the documentation in Section 2, including document title, issuing authority, numbers, and expiration dates, if applicable.
  10. Employers must also complete their business information section, including the organization's name and address.
  11. Sign and date Section 2 to confirm that the employer has examined the documents and believes the employee is authorized to work in the U.S.
  12. Section 3, if applicable, is for rehiring or re-verification of existing employees. It is completed by the employer when an employee's employment authorization or documentation of employment authorization has expired.

Upon completing the USCIS I-9 form, it is crucial for employers to retain the form for a designated period. This involves keeping the form for either three years after the date of hire or one year after employment ends, whichever is later. The I-9 does not need to be submitted to the USCIS but must be available for inspection by authorized U.S. Government officials from the Department of Homeland Security, Department of Labor, or Office of Special Counsel for Immigration-Related Unfair Employment Practices.

Important Details about USCIS I-9

What is the purpose of the USCIS I-9 form?

The USCIS I-9 form is required by the U.S. government to document that every employee hired in the United States is legally authorized to work. Employers use this form to verify the identity and employment authorization of individuals they hire. It serves as a means to prevent the hiring of individuals who are not legally permitted to work in the U.S., including undocumented immigrants and those with expired work visas.

Who needs to fill out an I-9 form?

Every employee working in the United States must complete an I-9 form at the time of hire. This requirement applies to U.S. citizens and non-citizens alike. On the other hand, independent contractors and individuals employed by contractors do not need to fill out this form for their work. It is the responsibility of employers to ensure that all their employees have completed an I-9 form correctly and on time.

What documents are needed to complete the I-9 form?

To complete the I-9 form, employees must provide documents that prove both their identity and their eligibility to work in the U.S. These documents fall into three categories: List A documents, which establish both identity and employment authorization (such as a U.S. passport or a green card); List B documents, which establish identity only (such as a driver's license); and List C documents, which establish employment authorization only (such as a birth certificate). Employees must choose one document from List A or a combination of one document from List B and one from List C.

How long must employers keep completed I-9 forms?

Employers are required to retain completed I-9 forms for either three years after the date of hire or one year after the date the employee's employment ends, whichever is later. These documents must be stored securely and must be available for inspection by authorized U.S. government officials, such as those from the Department of Homeland Security, the Department of Labor, and the Office of Special Counsel for Immigration-Related Unfair Employment Practices.

What happens if an employer fails to comply with I-9 requirements?

Failure to comply with I-9 requirements can result in legal consequences for employers, including civil fines and criminal penalties. These penalties vary depending on the nature and severity of the violation. For instance, employers who knowingly hire or continue to employ unauthorized workers can face stiffer penalties than those who fail to properly complete or retain I-9 forms. Compliance is crucial for all employers to avoid such penalties and to ensure a lawful workforce.

Common mistakes

Navigating the process of filling out the USCIS I-9 form can sometimes be tricky. This form, essential for verifying the employment eligibility of individuals in the United States, must be completed correctly to avoid any legal complications. Unfortunately, several common errors can occur, which might lead to unnecessary delays or issues with employment eligibility verification.

One of the frequent mistakes is not completing the form on time. Every new hire must fill out Section 1 of the I-9 form by their first day of employment. Employers are then responsible for completing Section 2 within three business days of the employee's first working day. Missing these deadlines can lead to compliance problems with federal regulations.

Another common issue is failing to provide accurate information. Mistakes such as misspelled names, incorrect dates, and other inaccuracies can cause significant delays in the verification process. Ensuring that every piece of information is correct and matches the documentation provided is crucial for a smooth verification process.

Employers often overlook the importance of reviewing documents. For I-9 form purposes, employees must present unexpired original documents that prove their identity and employment authorization. Employers must physically examine each document to determine if it reasonably appears to be genuine and relates to the employee presenting it. Accepting documents without proper scrutiny can lead to compliance violations.

A not so obvious mistake is using an outdated form. The U.S. Citizenship and Immigration Services (USCIS) periodically updates the I-9 form. Employees and employers must ensure they are using the most current version of the form for it to be valid.

There is also a risk of improper storage and retrieval of the completed I-9 forms. Employers are required to keep completed forms either for three years after the date of hire or for one year after employment ends, whichever is later. Failing to store these forms securely and accessibly can lead to complications during inspections.

Not re-verifying temporary work authorization is another oversight. Some employees may present work authorization that has an expiration date. Employers are responsible for re-verifying the employment eligibility of these employees on or before the expiration date of their current authorization using Section 3 of the I-9 form.

A significant mistake made by many is requesting specific documents from the list of acceptable documents. Employees have the freedom to choose which document(s) they present from the Lists of Acceptable Documents. Employers who request specific documents may be accused of discriminatory practices.

Another error is failing to correct mistakes properly. If an error is found on the form, the correct way to make a change is to line through the incorrect part, enter the correct information, and initial and date the correction. Using white-out or completely redoing the form without acknowledging the original mistake can lead to questions about the form's integrity.

Lastly, a notable mistake is not providing the form in a language understood by the employee. While the I-9 form must be completed in English to meet federal requirements (except in Puerto Rico), employers should ensure that instructions and assistance are available in a language that the employee fully understands. This helps to avoid errors and misunderstandings during the completion process.

Avoiding these common errors when completing the USCIS I-9 form is vital. Proper completion and handling of the I-9 form are crucial steps in ensuring compliance with employment eligibility verification requirements. Staying informed and attentive to these details can help employers navigate the process more smoothly and avoid potential legal pitfalls.

Documents used along the form

The process of employment verification in the United States involves several documents aside from the U.S. Citizenship and Immigration Services (USCIS) I-9 form. The I-9 form is essential for verifying the identity and employment authorization of individuals hired for employment in the United States. However, it is often accompanied by additional forms and documents that play critical roles in the employment and verification process. These documents come from various governmental agencies and serve different purposes, from tax reporting to identity verification. Below is a list of other forms and documents frequently used alongside the USCIS I-9 form.

  • W-4 Form - The Employee's Withholding Allowance Certificate is used by employers to determine the correct amount of federal income tax to withhold from an employee's paycheck. It is completed by the employee and contains information on their filing status and allowances.
  • State Withholding Form - Similar to the federal W-4 form, this document is used to determine the amount of state income tax to withhold from an employee's wages. The requirement for this form and its specifics vary by state.
  • Direct Deposit Authorization Form - This form is filled out by employees who opt to have their paychecks directly deposited into their bank accounts. It requires the employee’s bank information, including the account number and bank routing number.
  • Employment Eligibility Verification Documents - These documents are presented by employees as part of the I-9 process. They include U.S. passports, permanent resident cards, driver's licenses, and Social Security cards, among others, to prove identity and employment authorization.
  • Employment Application - This document is used by employers to gather comprehensive information about prospective employees, including their education, employment history, and references, which can be useful for background checks and verifying provided information.
  • Background Check Authorization Form - Employers use this form to obtain consent from applicants or employees to conduct a background check, which may include criminal records, employment history, and educational verification.
  • Form W-9 - Request for Taxpayer Identification Number and Certification is used by employers to request the taxpayer identification number (TIN) of contractors or freelancers. This form is crucial for businesses to accurately report earnings to the IRS.

Together with the USCIS I-9 form, these documents ensure that the employment process adheres to legal and regulatory standards, protecting both the employer and employee. They aid in establishing a formal employment relationship, verifying the individual's eligibility for employment, and ensuring the accurate and legal handling of taxes and personal information. Understanding the purpose and requirement of each document is fundamental for employers to maintain compliance with U.S. employment and immigration laws.

Similar forms

The USCIS I-9 form is akin to the W-4 form employed by employers for tax purposes. Both documents are essential at the start of employment, with the I-9 verifying an employee's eligibility to work in the United States and the W-4 determining the amount of taxes to be withheld from an employee's paycheck. These forms require personal information, including social security numbers, but serve different functions, one for employment eligibility and the other for tax purposes.

Similarly, the W-9 form shares commonalities with the I-9 form, as it is also used in the employment context. The W-9 is requested by businesses or individuals who hire freelancers, independent contractors, or other non-employees to obtain their taxpayer identification number (TIN) or social security number. This ensures compliance with tax reporting requirements, mirroring the I-9’s role in employment eligibility verification.

The USCIS Form I-765, Application for Employment Authorization, similarly gathers information to ascertain eligibility, but for a different purpose. While the I-9 form determines if individuals are allowed to work in the United States, the I-765 is specifically for those seeking authorization to work legally in the U.S. who are not citizens or permanent residents, such as asylum seekers or students on an F-1 visa wishing to work while studying.

Another document, the DS-160, Online Nonimmigrant Visa Application, is used by individuals applying for a temporary visa to travel to the United States. It collects personal information, employment history, and reasons for travel, much like the I-9 collects personal and employment eligibility information. Both forms are integral to U.S. immigration and employment regulations, although the DS-160 is geared toward entry into the country, and the I-9 towards employment verification post-entry.

The passport application form is similar to the I-9 in that it requires applicants to prove their identity and citizenship, albeit for the purpose of international travel. The I-9 requires similar documentation not for travel, but to verify the employee’s eligibility to work within the United States. Both forms play crucial roles in validating identity and legal status for their respective purposes.

The Employment Eligibility Verification Form for the state of Colorado mirrors the federal I-9 form, focusing specifically on employment within Colorado. Both forms are designed to verify an employee's legal right to work, but the Colorado form applies state-specific requirements in addition to federal laws. This demonstrates how state and federal employment verification requirements can complement each other.

The E-Verify system closely relates to the I-9 form as it electronically confirms an employee's eligibility to work in the United States. Operated by the Department of Homeland Security in partnership with the Social Security Administration, E-Verify cross-references information from an employee's I-9 form with federal databases to ensure they are authorized to work in the U.S. While the I-9 is a paper-based process, E-Verify adds a layer of electronic verification to the employment eligibility process.

Lastly, the Social Security card application process, while not a direct employment form like the I-9, is essential for employment in the U.S. It requires proof of age, identity, and citizenship or lawful immigration status, much like the I-9. This card is often used as a document for the I-9 form to establish both identity and eligibility to work, highlighting a procedural intersection between the Social Security Administration and employment eligibility requirements.

Dos and Don'ts

Filling out the USCIS I-9 form is a critical step in verifying an employee's legal authorization to work in the United States. Both employers and employees must pay close attention to the details to ensure compliance with immigration laws. Below are essential dos and don'ts to remember when completing this important document.

What You Should Do

  1. Ensure that the employee completes Section 1 by their first day of employment. This section is solely the employee's responsibility and provides essential personal information and attestation of their eligibility to work in the U.S.
  2. Examine documents carefully. As an employer, you must review the documents presented by the employee that prove identity and work authorization. They should appear genuine and relate to the person presenting them.
  3. Record the document information accurately. Make sure you record the title, issuing authority, number(s), and expiration date(s) of the documentation provided by the employee in Section 2.
  4. Maintain completed I-9 forms for the required period. Employers must retain an I-9 form for all active employees and for a certain period after employment ends—either three years after the date of hire or one year after the date employment ended, whichever is later.
  5. Use the most current version of the form. Always check the USCIS website for the latest version of the I-9 form to ensure compliance with current regulations.
  6. Provide the employee with the instructions for the I-9. This ensures they understand their rights and the verification process.

What You Shouldn't Do

  1. Do not allow employees to begin work without completing Section 1 of the I-9 form on their first day. It's a violation of federal law to employ someone without verifying their eligibility to work in the U.S.
  2. Do not specify which documents the employee should provide. Employees have the right to choose which document(s) they present from the Lists of Acceptable Documents.
  3. Do not reject documents because they will expire in the future. The validity of the document(s) is based on whether it reasonably appears to be genuine and to relate to the employee presenting it.
  4. Do not forget to sign and date the employer section (Section 2) of the form. The employer or authorized representative must complete and sign this section.
  5. Do not fail to reverify an employee if required. Some documents, such as some visas or work permits, may require re-verification upon expiration to confirm continued work authorization.
  6. Do not discriminate against employees based on their citizenship, immigration status, or national origin in the I-9 process or any other hiring practice.

Adhering to these guidelines can help employers and employees successfully navigate the I-9 process, ensuring legal compliance and preventing potential legal difficulties related to work authorization.

Misconceptions

The USCIS Form I-9 is a critical document required by the United States Citizenship and Immigration Services that verifies the identity and employment authorization of individuals hired for employment in the United States. Misconceptions surrounding the I-9 can lead to errors in compliance, potentially resulting in significant penalties for employers. Here, we outline six common misconceptions about the I-9 form to help clarify its requirements.

  • Only non-citizens need to complete the I-9. A prevalent misconception is the belief that only individuals who are not U.S. citizens are required to fill out the I-9 form. In reality, every employee, regardless of citizenship or immigration status, must complete the form. This requirement ensures that all employees are legally authorized to work in the United States.

  • The I-9 must be completed after an employee starts working. Another misunderstanding is that the I-9 form can be filled out and submitted at any time after the employee has begun working. However, the law stipulates that Section 1 of the form must be completed by the employee on or before their first day of employment for pay, and Section 2 must be completed by the employer within three business days of the employee’s first workday.

  • Digital copies of the I-9 are not acceptable. With advancements in technology and changes in regulatory guidance, it is now a common misconception that only physical copies of the I-9 form are acceptable. Employers are, in fact, permitted to complete, sign, and store the I-9 form electronically, as long as they comply with the regulations set forth by the USCIS regarding electronic storage, security, and accessibility.

  • Employers must submit the I-9 to USCIS. Many believe that once completed, the I-9 form must be submitted to USCIS. This is not the case. The completed forms should be retained by the employer for a designated period and be available for inspection by authorized government officers. No submission of the form to USCIS is necessary unless specifically requested.

  • Any document listed in the I-9 instructions is acceptable for verifying identity and employment authorization. While there is a range of documents that employees can present to verify their identity and employment authorization, not every document is acceptable for all individuals. Employees must choose from the List of Acceptable Documents detailed in the I-9 instructions, selecting documents that are appropriate to their specific situation regarding citizenship or immigration status.

  • The I-9 form does not require updates or re-verification except in the case of expiring work authorization. It is a misconception that once the I-9 has been completed, no further action is required. In certain circumstances, re-verification is needed, such as when temporary work authorization expires. Additionally, should an employee undergo a legal change of name, while not required by law, it is recommended that the I-9 be updated to reflect this change.

Key takeaways

The USCIS I-9 form is critical for ensuring that individuals are authorized to work in the United States. Through its completion, both the employer and the employee can demonstrate compliance with U.S. employment laws. Despite its straightforward purpose, the I-9 form process involves specific steps and considerations.

  • Every employee hired after November 6, 1986, must complete the USCIS I-9 form at their time of hire to verify their identity and authorization to work in the U.S.
  • The I-9 form is divided into three sections. The first section is filled out by the employee, the second is completed by the employer after examining documents provided by the employee, and the third section is for re-verifications and rehires.
  • Deadlines matter: The employee must complete Section 1 of the I-9 form by their first day of employment. Employers are then required to complete Section 2 within three business days of the employee's start date.
  • Employers must physically examine one document from List A or a combination of one document from List B and one from List C. These documents prove the employee's identity and employment authorization.
  • The list of acceptable documents can be found on the last page of the I-9 form. It's crucial to regularly check for updates to this list on the USCIS website.
  • Digital storage of I-9 forms is permissible, provided the system used meets specific requirements for integrity, security, retrievability, and confidentiality as outlined by USCIS regulations.
  • The completed I-9 forms must be retained by the employer either for three years after the date of hire or for one year after employment ends, whichever is later.
  • In the event of an audit, the U.S. Department of Homeland Security, Department of Labor, and Office of Special Counsel for Immigration-Related Unfair Employment Practices have the authority to request I-9 forms from employers.
  • Making false statements on the I-9 form or failing to properly complete, retain, and/or make the forms available for inspection can lead to civil and criminal penalties.
  • Employees are not required to show the same documents they initially presented for the I-9 form if re-verification is necessary, as long as the new documents are also on the list of acceptable documents.

Correctly filling out and maintaining the USCIS I-9 form is not just a requirement; it's a fundamental aspect of operating a compliant and lawful business in the United States. Employers and employees alike should understand their responsibilities under the law to ensure smooth, lawful employment relationships.

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