The USCIS I-9 form is a document used by employers to verify the identity and employment authorization of individuals hired for work in the United States. This essential form helps ensure compliance with immigration laws and protects both employers and employees. Understanding its requirements and proper usage is crucial for maintaining a lawful workplace.
The USCIS I-9 form is a crucial document for employers in the United States, serving as a means to verify the identity and employment eligibility of their employees. This form is required for all new hires, whether they are citizens, permanent residents, or non-citizens authorized to work in the country. When completing the I-9, both the employer and the employee have specific responsibilities to ensure accuracy and compliance with federal regulations. The form consists of three main sections: the employee's personal information, the employer's verification process, and the review of acceptable documents that prove identity and work authorization. Timeliness is essential, as employers must complete the I-9 within three days of an employee’s start date. Additionally, maintaining proper records and understanding the implications of non-compliance can significantly impact a business. Familiarity with the I-9 process not only aids in legal compliance but also fosters a respectful and inclusive workplace environment.
What is the USCIS I-9 form?
The USCIS I-9 form, officially known as the Employment Eligibility Verification form, is a document that employers in the United States must complete for every new employee. This form helps verify the identity and employment authorization of individuals hired for work in the U.S. Both the employer and the employee play important roles in completing the I-9 form accurately and timely.
Who needs to fill out the I-9 form?
All employers in the U.S. are required to complete the I-9 form for each employee they hire. This includes both citizens and non-citizens. Employees must provide documentation that proves their identity and their right to work in the country. It is crucial for employers to ensure that this form is filled out for every new hire to remain compliant with federal regulations.
When should the I-9 form be completed?
The I-9 form must be completed within three days of an employee's start date. It is advisable for the employee to fill out Section 1 of the form on or before their first day of work. The employer is responsible for completing Section 2 by reviewing the employee's documents and verifying their eligibility to work within the specified time frame.
What documents can employees provide to verify their identity and employment authorization?
Employees can provide a variety of documents to establish their identity and work authorization. The I-9 form lists acceptable documents in three categories: List A (documents that establish both identity and employment authorization), List B (documents that establish identity), and List C (documents that establish employment authorization). Examples include a U.S. passport, a driver's license, or a Social Security card. Employees must present original documents; copies are not acceptable.
What happens if an employee does not have the required documents?
If an employee is unable to provide the required documents, they may not be eligible to work legally in the U.S. Employers must ensure that all employees can provide valid documentation before allowing them to start work. If an employee is in the process of obtaining their documents, they should communicate this to their employer, who may need to consider their options carefully.
How long should employers retain the I-9 form?
Employers must retain the I-9 form for three years after the date of hire or for one year after the employee's termination, whichever is longer. It is essential to keep these records in a secure location, as they may be subject to inspection by U.S. immigration authorities. Proper record-keeping not only ensures compliance but also protects the employer from potential penalties.
What are the penalties for not complying with I-9 regulations?
Failure to comply with I-9 regulations can result in significant penalties for employers. Civil fines may be imposed for each violation, and in severe cases, criminal charges can be brought against employers who knowingly hire unauthorized workers. It is crucial for employers to stay informed about their responsibilities regarding the I-9 form to avoid these consequences.
Can an employee be discriminated against based on their I-9 documentation?
No, discrimination based on an individual's I-9 documentation is prohibited. Employers must treat all employees equally during the hiring process and when verifying employment eligibility. It is illegal to discriminate against someone based on their national origin or citizenship status. Employers should focus on the documentation provided and ensure that they follow the same procedures for all employees.
Understanding the USCIS I-9 form is essential for employers and employees alike. This form verifies an employee's identity and eligibility to work in the United States. Here are some key takeaways to keep in mind:
The USCIS I-9 form is essential for employers in the United States to verify the identity and employment authorization of their employees. However, several misconceptions surround this form. Here are ten common misunderstandings:
While it is recommended to complete the I-9 form on the first day, the law allows new hires to complete it within three business days of starting work.
The I-9 form is required for all employees, regardless of citizenship status, including non-citizens who are authorized to work in the U.S.
Employers must retain the I-9 form for three years after the employee's hire date or one year after the employee's termination, whichever is longer.
Employers can assist employees in completing the form, but the employee must personally sign it.
Employers must accept only the documents listed on the I-9 form, which are categorized into List A, List B, and List C.
If an employee's work authorization expires, the employer must update the I-9 form with new documentation.
Completion of the I-9 form is mandatory for all employers hiring employees in the U.S.
Employers must not discriminate against employees based on their citizenship or immigration status when verifying documents.
Employers can face significant fines and penalties for failing to complete or maintain I-9 forms properly.
Employment authorization can change, and employers must stay informed about the status of their employees’ work permits.
Understanding these misconceptions is crucial for compliance and avoiding penalties. Employers should ensure they are informed and diligent in handling the I-9 process.
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
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An Employee Handbook form serves as a comprehensive document that outlines a company's policies, procedures, and expectations for its employees. It is essential for fostering a positive workplace culture and ensuring compliance with legal obligations. For more information on creating effective employee handbooks, you can visit Top Forms Online, which provides valuable resources and templates. Providing clear guidelines helps employees understand their rights and responsibilities within the organization.
Direction to Pay - The Direction to Pay form includes key details such as claim number and payment amount.
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Incomplete Information: Many individuals fail to fill out all required fields on the I-9 form. This includes missing signatures, dates, or information about the employee's eligibility to work in the United States. Leaving any section blank can delay the verification process.
Incorrect Document Selection: Employees must provide appropriate documents that establish their identity and employment authorization. Some people mistakenly choose documents that do not meet USCIS requirements. This can lead to complications in verifying their eligibility.
Failure to Update Information: If an employee's status changes, such as a name change or a new work authorization, it is crucial to update the I-9 form promptly. Neglecting to do so can result in compliance issues for the employer.
Not Completing the Form on Time: The I-9 form must be completed within three days of the employee's start date. Delaying this process can lead to penalties for the employer and potential issues for the employee.
When filling out the USCIS I-9 form, it is important to follow specific guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do.
Following these guidelines will help ensure that your I-9 form is processed smoothly and efficiently.
The USCIS I-9 form, which is used to verify an employee's identity and employment authorization in the United States, shares similarities with the Employment Eligibility Verification form used in various countries. For instance, many countries have their own versions of employment verification forms that require employers to confirm the legal right of an individual to work. These forms often collect personal information, such as name, address, and identification details, similar to the I-9, ensuring that employers comply with local labor laws while protecting against unauthorized employment.
Another document akin to the I-9 is the W-4 form, which employees fill out to determine their tax withholding status. While the W-4 focuses on tax information, it also requires personal identification and demographic details. Both forms serve as essential tools for employers to manage their workforce effectively. The I-9 ensures that the employee is authorized to work, while the W-4 helps employers calculate the correct amount of taxes to withhold from an employee's paycheck.
The Social Security Administration's Form SS-5, which is used to apply for a Social Security number, is another document that shares similarities with the I-9. Like the I-9, the SS-5 requires personal information and proof of identity. Employers often need to verify an employee's Social Security number to ensure accurate reporting of earnings and compliance with tax regulations. Both forms play a crucial role in maintaining accurate records and ensuring that individuals are legally recognized within the workforce.
The Form I-551, also known as the Permanent Resident Card or Green Card, is another document that resembles the I-9 in terms of employment verification. The I-9 form requires individuals to present documents that establish their identity and work authorization, and a Green Card serves as one of the acceptable forms of proof. Both documents signify an individual’s legal status in the U.S., with the I-9 focusing on employment eligibility and the I-551 confirming permanent residency.
Understanding the significance of a legal Durable Power of Attorney template is essential for individuals looking to delegate authority in financial or healthcare matters. This document ensures that a trusted agent can make critical decisions on behalf of the principal, offering peace of mind during unforeseen circumstances.
In addition, the Form I-20, used by international students in the U.S. on F-1 visas, parallels the I-9 in its purpose of verifying eligibility for work. The I-20 certifies that a student is enrolled in an academic program and outlines their eligibility to work under specific conditions. Employers must review this form when hiring international students to ensure compliance with immigration regulations, just as they do with the I-9 for all employees.
Lastly, the Form E-Verify is a system that employers can use to confirm an employee's eligibility to work in the U.S. This electronic verification process is closely related to the I-9 form, as both aim to prevent unauthorized employment. While the I-9 is a paper-based form that must be completed by the employee and employer, E-Verify allows for a more streamlined and efficient way to check employment eligibility against government databases, ensuring that the information provided on the I-9 is accurate and up to date.