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USCIS I-9 Template

The USCIS I-9 form is a document used to verify the identity and employment authorization of individuals hired for employment in the United States. It is a critical part of the employment process, ensuring that employees are legally permitted to work. For detailed guidance on how to correctly fill out this form, click the button below.

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Table of Contents

The pathway for employers in the United States to verify the identity and employment authorization of their employees is structured and formalized through the USCIS I-9 form. This document, pivotal in ensuring compliance with the law, mandates that employees provide valid documentation proving their eligibility to work in the U.S., while employers are required to meticulously examine these documents for authenticity within a designated timeframe. The importance of this process cannot be understated, as it stands as a fundamental checkpoint against unauthorized employment, aiming to maintain the integrity of the workforce. Failure to comply with the stipulations set forth by the form can lead to significant legal consequences for employers, highlighting the need for thorough understanding and careful management of this verification process. While the form itself might seem straightforward, navigating the complexities of the accompanying regulations requires diligence and proactive preparation by businesses to ensure adherence to federal employment eligibility verification requirements.

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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:

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

Form Breakdown

Fact Number Fact Name Description
1 Purpose The USCIS I-9 Form is used for verifying the identity and employment authorization of individuals hired for employment in the United States.
2 Requirement All U.S. employers must complete and retain a Form I-9 for each individual they hire for employment in the United States.
3 Applicability This includes citizens and noncitizens.
4 Completion Timeline The form must be completed within three days of the employee's start of employment.
5 Document Retention Employers must retain the I-9 for a period of three years after the date of hire or one year after employment is terminated, whichever is later.
6 Inspection The I-9 Forms must be available for inspection by authorized U.S. Government officials.
7 Penalties Failure to comply with I-9 requirements can result in civil fines and criminal penalties.
8 Accessibility The form is available in multiple languages, but the English version must be completed and retained.
9 Electronic Completion and Storage Employers may complete and retain Form I-9 electronically, as long as specific regulations are followed.
10 State-Specific Forms While the I-9 is a federal form, some states may have additional requirements; however, the I-9 is governed by federal law, specifically the Immigration Reform and Control Act (IRCA).

Guidelines on Filling in USCIS I-9

Filling out the USCIS I-9 form is a critical step for new hires in the United States, ensuring they are eligible to work within the country. This process involves both the employee and employer, each responsible for completing their respective sections. It's designed to verify the employee's identity and authorization to work. While the process might seem daunting at first, breaking it down into manageable steps can simplify completion.

For Employees:

  1. Begin with Section 1, which you need to complete by your first day of employment. Provide your full legal name, including any other names used, if applicable.
  2. Enter your address, date of birth, and Social Security number (if required for the job).
  3. Indicate your email address and phone number, though these are optional.
  4. Choose your citizenship status from the following options: a citizen of the United States, 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 employment authorization, if applicable).
  5. Sign and date the form to attest to the truthfulness of the information provided. Also, check the box if a preparer and/or translator was used.

For Employers:

  1. Review the employee's documents from List A or a combination of one document from List B and one from List C. List A documents confirm identity and work authorization, while List B and C documents collectively verify the same. Ensure these documents are genuine and relate to the person presenting them.
  2. Complete Section 2 within three business days of the employee's first day of employment. Record the document title(s), issuing authority, document number, and expiration date, if any.
  3. Certify the information by signing and dating the attestation, completing the employer's title and the business name and address.
  4. Complete the third section, re-verification and rehires, if applicable, when an employee's employment authorization or documentation of authorization needs re-verification.

Remember, the USCIS I-9 form does not need to be filed with any government agency but must be retained by the employer for inspection purposes. Employers are required to keep completed forms on file for each person on their payroll who is required to complete it, for three years after the date of hire or for one year after employment ends, whichever is later.

Learn More on USCIS I-9

Certainly! Below is an FAQ section about the USCIS I-9 form, formatted with HTML tags as requested.

What is the USCIS I-9 form?

The USCIS I-9 form, officially known as the Employment Eligibility Verification form, is a document required by the United States government. Employers use it to verify the identity and legal authorization to work of their employees. The form is mandated by the Immigration Reform and Control Act of 1986, aiming to prevent hiring unauthorized workers.

Who needs to complete the I-9 form?

All employees hired by companies in the United States must complete the I-9 form. This requirement applies to both U.S. citizens and noncitizens. Employers are required to ensure the form is completed properly within the stipulated timeframe.

When should the I-9 form be completed?

The I-9 form must be completed at the beginning of employment. Specifically, the employee should complete their portion of the form (Section 1) no later than the first day of work for pay. The employer must complete their portion (Section 2) within three business days of the employee's first workday.

What documents are required for the I-9 form?

Employees need to provide documentation proving their identity and authorization to work in the U.S. These documents fall into three categories:

  1. Documents that establish both identity and employment authorization (e.g., U.S. passport, Permanent Resident Card).
  2. Documents that establish identity only (e.g., driver’s license, ID card).
  3. Documents that establish employment authorization only (e.g., Social Security card, birth certificate).

Employees must choose which documents to present from the lists provided by the USCIS.

How long must employers retain I-9 forms?

Employers are required to retain an employee's I-9 form for either three years after the date of hire or one year after employment ends, whichever is later. These documents must be stored securely and be readily available for inspection upon request by authorized government officials.

Can I complete the I-9 form electronically?

Yes, the USCIS allows the I-9 form to be completed, signed, and stored electronically, provided the system used complies with the regulations regarding electronic signatures and recordkeeping. Many employers find electronic completion and storage to be convenient and efficient.

What happens if I don’t complete the I-9 form?

Failing to complete or properly retain the I-9 form can result in legal and financial penalties against the employer. It's crucial for employers to comply with all I-9 requirements to avoid these penalties.

Can the I-9 form be updated or corrected?

If errors are found on the I-9 form, they should be corrected promptly. Employers can correct errors by drawing a line through the incorrect information, entering the correct information, and initialing and dating the correction. For substantial changes or updates, such as legal changes of name or employment authorization extensions, employers may need to complete a new I-9 form.

Do remote workers need to complete the I-9 form?

Yes, all employees, including those working remotely, must complete the I-9 form. Employers must verify the identity and employment authorization documents of remote employees in person, which can be done through an authorized representative. The representative can be any person the employer designates, but they must carry out the duties faithfully.

Where can I find more information about the I-9 form?

For the most up-to-date information and resources, including the form itself and detailed instructions, visit the official U.S. Citizenship and Immigration Services (USCIS) website. The USCIS provides extensive guidance, FAQs, and contact information for any additional questions employers or employees might have.

Common mistakes

The USCIS I-9 form is a crucial document for verifying the identity and employment authorization of individuals hired for employment in the United States. However, errors in filling out this form are common. Identifying and avoiding these mistakes is essential for both employers and employees to ensure compliance with immigration laws and to avoid potential penalties.

  1. Not completing the form on time: Employers must ensure the I-9 form is completed within three business days of the employee’s first day of employment. A common mistake is overlooking this timeframe, which can lead to non-compliance issues.

  2. Missing signatures: Both the employee and the employer are required to sign the I-9 form. Neglecting to sign the form is a recurrent oversight. The employee's section must be signed no later than the first day of employment, while the employer's section should be signed after completing their verification portion.

  3. Incorrect documentation: The I-9 form requires specific documentation to be presented by the employee to the employer, categorized into Lists A, B, and C. Employees often mistake providing documents that do not sufficiently prove identity and employment authorization. It's the employer's responsibility to ensure that the documents presented are acceptable and valid according to the USCIS guidelines.

  4. Failing to reverify temporary work authorizations: For individuals with temporary work authorization, employers must reverify that their employees are still eligible to work in the U.S. before their authorization expires. This step is frequently missed, risking illegal employment situations.

Avoiding these mistakes requires diligence and awareness of the USCIS I-9 form's requirements. Employers and employees should closely review the form and related instructions to ensure full compliance with United States employment eligibility verification processes.

Documents used along the form

The USCIS I-9 form is a critical document required by employers in the United States to verify the identity and legal authorization to work of their employees. Completing this form accurately is just the first step in ensuring compliance with immigration laws. Alongside the I-9, there are several other forms and documents often utilized to ensure workers are properly documented and eligible for employment in the U.S. These documents play various roles, from authorizing work for non-citizens to verifying an individual's identity. Below is a list of other forms and documents frequently used in conjunction with the USCIS I-9 form.

  • Form W-4: This form is used by employers to determine the correct amount of federal income tax to withhold from an employee's paycheck. It's often filled out at the same time as the I-9 form when a new employee is hired.
  • Form W-2: The W-2 form is issued by employers at the end of each year. It reports an employee's annual wages and the amount of taxes withheld from their paycheck. It is crucial for employees' tax filings.
  • Form I-765, Application for Employment Authorization: This form is used by non-citizens to request permission to work in the U.S. It's a necessary step for certain visa holders to become legally employed.
  • Form SS-5: The Application for a Social Security Card is used to apply for an original or replacement Social Security card. This card is often required by employers for tax purposes and serves as a piece of identity verification.
  • Passport: A passport can serve as proof of identity and employment authorization for non-citizens. It's one of the documents that may be presented to employers as part of the I-9 verification process.
  • State Identification Card/Driver's License: These documents are commonly used by employees to prove their identity when completing the I-9 form. In the United States, a driver's license or state ID card is often required for various aspects of daily life, including employment verification.

These documents, when used together with the USCIS I-9 form, create a framework that employers can use to ensure their workforce is legally authorized to be employed in the United States. It's important for both employers and employees to understand the purpose of each form and document to maintain compliance with U.S. laws. Navigating these requirements can seem daunting, but each form serves to protect the rights and obligations of workers and employers alike.

Similar forms

  • W-4 Form: Just like the I-9, the W-4 form is a standard document required by the IRS for tax purposes. Both forms are mandatory for new hires in the United States, with the W-4 being used to determine the amount of federal income tax to withhold from employees' wages, while the I-9 verifies eligibility to work in the U.S.

  • W-9 Form: The W-9 form is similar to the I-9 in that it is used for tax identification and verification purposes. However, the W-9 is specifically for independent contractors and freelancers, not employees, to provide their tax identification numbers (TINs) to entities from which they receive income, enabling the correct reporting to the IRS.

  • DS-160 Form: The DS-160 form, used in the process of applying for non-immigrant visas to the U.S., shares with the I-9 form the goal of collecting essential personal information for eligibility assessment. However, whereas the DS-160 is for entry into the U.S., the I-9 confirms an individual's authorization to work once inside the country.

  • SS-5 Form: This application for a Social Security card is another document with a similar purpose as part of the I-9 verification process. Both are vital for employment in the U.S.; the SS-5 enables individuals to obtain a Social Security Number (SSN), a requirement for the I-9 form to verify work eligibility and for accurate wage reporting to the government.

  • Form I-130, Petition for Alien Relative: Though serving different purposes — the I-130 is used to establish a relationship between a U.S. citizen or lawful permanent resident and a foreign relative seeking immigration — both this form and the I-9 require detailed personal information and legal documentation to process immigration-related requests.

  • Employment Application Forms: While not a specific form like the I-9, standard employment applications request similar information about work eligibility, past employment, and personal details. However, the I-9 is legally required to verify that information post-hire for work eligibility in the U.S.

  • Driver’s License Application: Similar to the I-9 in terms of requiring proof of identity and eligibility, a driver’s license application demands personal information and documentation to verify identity and residency within a state, though its primary goal is to assess eligibility to drive rather than work.

Dos and Don'ts

When filling out the USCIS I-9 form, which is essential for verifying the legal authorization of employees to work in the United States, certain practices should be followed to ensure compliance and accuracy. Below are lists of things you should and shouldn't do during this crucial process.

Things You Should Do

  1. Review the form in its entirety before beginning to fill it out, ensuring you understand each section and requirement.
  2. Complete the form timely, ideally on the first day of employment but no later than the third business day after employment begins.
  3. Use accurate and complete information for each field, double-checking dates, social security numbers, and other personal information.
  4. Retain the completed I-9 form either for three years after the date of hire or for one year after employment ends, whichever is later.

Things You Shouldn't Do

  • Do not request the employee to fill out the form before they have accepted a job offer.
  • Do not specify which documents the employee should provide for verification; allow them to choose from the list of acceptable documents provided by USCIS.
  • Do not forget to sign and date the employer section of the form, as this is a common oversight.
  • Do not fail to reverify an employee's authorization to work if their documentation expires, to ensure ongoing compliance with employment eligibility guidelines.

Misconceptions

When it comes to the USCIS I-9 form, which verifies the identity and employment authorization of individuals hired for employment in the United States, there are several misconceptions that can lead to confusion. Understanding these can help employers ensure they remain compliant with employment laws while protecting the rights of their workers. Here are seven common misconceptions about the I-9 form.

  • Only non-citizens need to complete the I-9 form. In fact, all employees, regardless of their citizenship, must complete the I-9 form. This includes U.S. citizens, permanent residents, and foreign nationals authorized to work in the United States.
  • The I-9 form must be completed after the employee starts work. The truth is that Section 1 of the I-9 form must be completed by the employee on or before their first day of employment. Meanwhile, Section 2, which involves document verification by the employer, must be completed within three business days of the employee’s first day of work.
  • Digital copies of the I-9 forms are not acceptable. Contrary to this belief, employers can keep digital copies of the I-9 forms as long as they meet certain conditions for storage and accessibility, ensuring they are compliant with regulations for inspection purposes.
  • Employers must update the I-9 form whenever an employee’s documentation changes. This isn't entirely correct. Reverification is required for certain situations, such as the expiration of work authorization. However, if an employee’s name changes or if other documents, like a driver’s license used for identification, expire, the I-9 does not need to be updated.
  • The I-9 form should be submitted to USCIS or the Department of Homeland Security (DHS). Actually, employers should not submit the I-9 form unless specifically requested by an authorized government official. The form must be retained by the employer for inspection purposes.
  • Only newly hired employees after November 6, 1986, need to complete the I-9 form. This is a fact; the requirement to complete the I-9 form applies to employees hired on or after November 7, 1986. Employees hired before this date are not required to complete the I-9 form.
  • Employers can specify which documents they will accept for the I-9 form. This is incorrect. Employers must accept any document or combination of documents from the List of Acceptable Documents provided by USCIS as long as the documents appear to be genuine and relate to the employee presenting them. It's illegal to specify which documents they prefer.

Dispelling these misconceptions can help employers maintain a compliant and respectful workplace. It’s important for employers to stay informed about I-9 requirements to avoid potential legal issues and to ensure a fair work environment for all employees.

Key takeaways

The USCIS I-9 form is crucial for U.S. employers to verify the identity and employment authorization of individuals hired for employment in the United States. Here are key takeaways about filling out and utilizing this important document:

  • Every employee hired after November 6, 1986, must complete an I-9 form at the time of hire. This applies to both citizens and noncitizens working in the United States.

  • The form is divided into three sections: the first section is filled out by the employee, the second by the employer, and the third is for re-verification and rehires when applicable.

  • Employees must provide documentation proving both identity and employment authorization. The list of acceptable documents is divided into three categories (A, B, and C), with the specifics outlined in the form's instructions.

  • Employers are required to physically examine the documentation provided by the employee, ensuring that it reasonably appears to be genuine and relates to the individual presenting it.

  • The completed I-9 form must be retained by the employer for either three years after the date of hire or one year after employment ends, whichever is later.

  • Employers cannot specify which document(s) they will accept from the list of acceptable documents. The choice is up to the employee, as long as it is from the permissible list.

  • The USCIS may audit I-9 forms. Employers are therefore advised to conduct internal audits and ensure their forms are correctly completed and updated as necessary.

  • Failing to comply with the I-9 requirements can result in hefty penalties, ranging from fines to criminal charges depending on the nature and seriousness of the violation.

  • The latest version of the form should always be used. It is advisable to check the USCIS website periodically for the most current I-9 form and instructions.

  • There are anti-discrimination provisions associated with the I-9 process. Employers must be careful not to discriminate against employees or potential employees on the basis of national origin or citizenship status.

Remember, the I-9 form is more than just paperwork; it's a fundamental part of ensuring a lawful U.S. workforce. Employers and employees alike should understand their rights and responsibilities in this process.

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