The USCIS I-9 form is a document used to verify an employee's identity and eligibility to work in the United States. This form is essential for both employers and employees to ensure compliance with federal immigration laws. Understanding how to properly fill out and maintain the I-9 form is crucial for a smooth hiring process.
The USCIS I-9 form plays a critical role in the employment process in the United States, serving as a verification tool for employers to confirm the identity and work eligibility of their employees. This form is mandatory for all employers, regardless of size, and must be completed for every new hire, ensuring compliance with federal immigration laws. Employers are required to review specific documents provided by employees, which fall into various categories, such as identity documents and employment authorization documents. The I-9 form consists of several sections that must be filled out accurately and in a timely manner. Section 1 requires the employee to provide personal information, while Section 2 mandates the employer to examine the documents presented and attest to their validity. Additionally, Section 3 is utilized for reverification and updates, highlighting the ongoing responsibility employers have in maintaining accurate records. Failure to comply with I-9 regulations can result in significant penalties, making it essential for businesses to understand and implement proper procedures when handling this form.
When filling out the USCIS I-9 form, it's essential to follow certain guidelines to ensure accuracy and compliance. Here are eight important dos and don'ts to consider:
When filling out and using the USCIS I-9 form, there are several important points to keep in mind. Here are key takeaways to ensure compliance and proper usage:
By keeping these points in mind, both employers and employees can navigate the I-9 process more effectively and ensure compliance with federal regulations.
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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:
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
Employer Completes Next Page
Form I-9 10/21/2019
PagePage1 ofof4
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
M.I.
Citizenship/Immigration Status
List A
List B
AND
List C
Identity and Employment Authorization
Identity
Employment Authorization
Document Title
Issuing Authority
Document Number
Expiration Date (if any) (mm/dd/yyyy)
Additional Information
QR Code - Sections 2 & 3
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
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
PagePage2 ofof4
Employee Name from Section 1:
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)
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.
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.
Name of Employer or Authorized Representative
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
Both Identity 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.
Page 4 of 4
Misconception 1: The I-9 form is only for new hires.
This is not true. While the I-9 form is primarily used for verifying the employment eligibility of new employees, it is also necessary for any employee who is being re-hired or who has had a break in service. Employers must ensure that the I-9 is completed for all employees, regardless of their employment history.
Misconception 2: Employers do not need to keep I-9 forms on file.
This is incorrect. Employers are required to retain completed I-9 forms for a specific period. They must keep the forms for three years after the date of hire or for one year after the employee's termination, whichever is longer. Failing to keep these records can lead to penalties.
Misconception 3: All documents presented for the I-9 must be original.
This misconception can lead to confusion. While employees must provide original documents, photocopies or electronic versions are not acceptable. However, employers must accept any valid document that appears genuine and relates to the employee's identity and work authorization.
Misconception 4: The I-9 form is only necessary for U.S. citizens.
This is false. The I-9 form is required for all employees, regardless of their citizenship status. This includes U.S. citizens, permanent residents, and non-citizens authorized to work in the United States. Employers must verify the eligibility of every employee, ensuring compliance with immigration laws.
W-4 Form: The W-4 form, used by employees to indicate their tax withholding preferences, is similar to the I-9 in that both are essential for employment. Each form ensures compliance with federal regulations, with the W-4 focusing on tax obligations while the I-9 verifies work eligibility.
Form 1040: The Form 1040 is the individual income tax return form. While it serves a different purpose, both the I-9 and the 1040 require accurate information about an individual’s status. They both must be completed by employees to fulfill legal requirements regarding employment and taxation.
Form I-765: The I-765 is an application for employment authorization. Like the I-9, it is related to employment eligibility, but the I-765 is used to request permission to work in the U.S. Both forms help ensure that individuals have the right to work legally.
Form I-20: The Form I-20 is issued to international students, allowing them to study in the U.S. Similar to the I-9, it verifies an individual's status in the country. Both forms are crucial for ensuring that individuals are in compliance with U.S. immigration laws.
Form I-94: The I-94 form records the arrival and departure of foreign visitors in the U.S. While it serves a different function, it shares the goal of tracking legal status. Both the I-9 and I-94 are vital for maintaining accurate records of individuals authorized to work or stay in the country.