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The USCIS I-9 form plays a critical role in the employment verification process in the United States, ensuring that employers confirm the identity and work authorization of their employees. This form is required for all individuals hired for employment in the U.S., regardless of citizenship status. Employers must complete the I-9 form within three days of an employee's start date, collecting necessary documentation to establish both identity and eligibility to work. The form consists of three sections: Section 1, where the employee provides personal information and attests to their work eligibility; Section 2, where the employer reviews the employee's documents and records the information; and Section 3, which is used for re-verification or updating employee information. Compliance with I-9 requirements is essential, as failure to properly complete or retain the form can result in penalties for employers. Understanding the I-9 form's components and requirements is vital for both employers and employees to navigate the complexities of employment law effectively.
Common mistakes
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Incorrect Personal Information: Many individuals mistakenly enter incorrect names, addresses, or dates of birth. Double-checking this information is essential to avoid delays.
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Missing Signatures: Both the employee and employer must sign the form. Forgetting to sign can lead to rejection or delays in processing.
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Improper Document Selection: Employees must provide acceptable documents to verify their identity and employment eligibility. Choosing documents that do not meet USCIS requirements can result in issues.
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Failure to Complete Sections: Each section of the form must be filled out completely. Leaving any section blank can lead to complications.
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Incorrect Dates: It’s crucial to enter the correct dates for when the employee starts work. Errors in this area can lead to compliance problems.
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Not Updating the Form: If an employee's status changes, such as a name change or a new work authorization, the I-9 form must be updated promptly.
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Using Expired Documents: Employees should ensure that the documents they present are not expired. Using outdated documents can invalidate the verification process.
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Not Keeping Records: Employers are required to retain completed I-9 forms for a specific period. Failing to keep proper records can lead to penalties.
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Ignoring Guidelines: The USCIS provides clear instructions for completing the I-9 form. Ignoring these guidelines can lead to mistakes that complicate the process.
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Key takeaways
Filling out the USCIS I-9 form is an important process for employers and employees in the United States. Here are some key takeaways to keep in mind:
- Purpose of the I-9 Form: The I-9 form verifies the identity and employment authorization of individuals hired for employment in the U.S.
- Who Must Complete It: All employers must have new hires complete the I-9 form, regardless of their citizenship status.
- Timeliness is Key: The form must be completed within three days of the employee's start date. This ensures compliance with federal regulations.
- Documentation Requirements: Employees must provide documents that prove their identity and eligibility to work. Acceptable documents are listed on the form.
- Employer Responsibilities: Employers must review the documents presented by the employee and ensure they appear genuine and relate to the individual.
- Record Keeping: Employers should retain the completed I-9 form for a minimum of three years after the hire date or one year after employment ends, whichever is longer.
- Penalties for Non-Compliance: Failing to complete or retain the I-9 form can lead to fines and penalties for employers.
- Updates and Changes: The I-9 form is subject to updates. Always use the latest version to ensure compliance with current regulations.
- Privacy Considerations: Employers should handle the I-9 form with care to protect sensitive information and ensure confidentiality.
Understanding these key points can help both employers and employees navigate the I-9 process effectively.
USCIS I-9 Example
Employment Eligibility Verification |
USCIS |
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Department of Homeland Security |
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OMB No. |
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U.S. Citizenship and Immigration Services |
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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.
Section 1. Employee Information and Attestation (Employees must complete and sign Section 1 of Form
Last Name (Family Name)
First Name (Given Name)
Middle Initial |
Other Last Names Used (if any) |
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Address (Street Number and Name)
Apt. Number |
City or Town |
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State |
ZIP Code |
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Date of Birth (mm/dd/yyyy) |
U.S. Social Security Number |
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Employee's |
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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):
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A citizen of the United States |
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A noncitizen national of the United States (See instructions) |
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A lawful permanent resident |
(Alien Registration Number/USCIS Number): |
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An alien authorized to work |
until (expiration date, if applicable, mm/dd/yyyy): |
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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
An Alien Registration Number/USCIS Number OR Form
1.Alien Registration Number/USCIS Number:
OR
2.Form
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) |
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Preparer and/or Translator Certification (check one):
I did not use a preparer or translator. |
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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 |
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Today's Date (mm/dd/yyyy) |
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Last Name (Family Name) |
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First Name (Given Name) |
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Address (Street Number and Name) |
City or Town |
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ZIP Code |
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Employer Completes Next Page
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PagePage1 ofof4 |
Employment Eligibility Verification |
USCIS |
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Department of Homeland Security |
Form |
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OMB No. |
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U.S. Citizenship and Immigration Services |
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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 |
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List B |
AND |
List C |
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Identity and Employment Authorization |
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Identity |
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Employment Authorization |
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Document Title |
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Document Title |
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Document Title |
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Issuing Authority |
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Issuing Authority |
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Issuing Authority |
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Document Number |
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Document Number |
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Document Number |
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Expiration Date (if any) (mm/dd/yyyy) |
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Expiration Date (if any) (mm/dd/yyyy) |
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Expiration Date (if any) (mm/dd/yyyy) |
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Document Title |
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Issuing Authority |
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Additional Information |
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QR Code - Sections 2 & 3 |
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Do Not Write In This Space |
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Expiration Date (if any) (mm/dd/yyyy) |
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Issuing Authority |
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Expiration Date (if any) (mm/dd/yyyy) |
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Certification: I attest, under penalty of perjury, that (1) I have examined the document(s) presented by the
(2)the
The employee's first day of employment (mm/dd/yyyy): |
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(See instructions for exemptions) |
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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 |
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Employer's Business or Organization Name
Employer's Business or Organization Address (Street Number and Name) City or Town
State
ZIP Code
Form |
PagePage2 ofof4 |
Employment Eligibility Verification |
USCIS |
|
Department of Homeland Security |
Form |
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OMB No. |
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U.S. Citizenship and Immigration Services |
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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) |
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B. Date of Rehire (if applicable) |
Last Name (Family Name) |
First Name (Given Name) |
Middle Initial |
Date (mm/dd/yyyy) |
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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 |
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Form |
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
3.Foreign passport that contains a temporary
4.Employment Authorization Document that contains a photograph (Form
5.For a nonimmigrant alien authorized to work for a specific employer because of his or her status:
a.Foreign passport; and
b.Form
(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
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.
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
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
6.Identification Card for Use of Resident Citizen in the United States (Form
7.Employment authorization document issued by the Department of Homeland Security
Examples of many of these documents appear in the Handbook for Employers
Refer to the instructions for more information about acceptable receipts.
Form |
Page 4 of 4 |
Understanding USCIS I-9
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 each new hire. This form verifies the identity and employment authorization of individuals hired for employment in the U.S. Both the employer and the employee must complete specific sections of the form. It is crucial for compliance with federal immigration laws.
Who needs to fill out the I-9 form?
All employers in the U.S. must complete the I-9 form for every employee they hire. This requirement applies to:
- Citizens of the United States
- Non-citizens who are authorized to work in the U.S.
Even if you are hiring a temporary worker or a contractor, the I-9 form must still be completed. Failure to do so can result in penalties for the employer.
What documents are required for the I-9 form?
Employees must provide documentation that proves both their identity and their eligibility to work. The documents are categorized into three lists:
- List A: Documents that establish both identity and employment authorization (e.g., U.S. passport, permanent resident card).
- List B: Documents that establish identity only (e.g., driver's license, state ID).
- List C: Documents that establish employment authorization only (e.g., Social Security card, birth certificate).
Employees can present one document from List A, or one from List B and one from List C. It's important to ensure that the documents are valid and not expired.
What happens if the I-9 form is not completed correctly?
If the I-9 form is not completed correctly, the employer may face serious consequences. Potential issues include:
- Fines and penalties from the U.S. government.
- Increased scrutiny during audits.
- Legal repercussions for hiring unauthorized workers.
To avoid these problems, employers should ensure that the form is filled out accurately and that all required documentation is collected and verified in a timely manner.
How to Use USCIS I-9
Filling out the USCIS I-9 form is a crucial step in the employment process. Once completed, the form verifies an employee's eligibility to work in the United States. Follow these steps to ensure you fill out the form correctly.
- Obtain the USCIS I-9 form from the official USCIS website or your employer.
- In Section 1, provide your full name, including your last name, first name, and middle initial.
- Enter your address, including street number, city, state, and ZIP code.
- Fill in your date of birth and check the appropriate box for your citizenship status (U.S. citizen, noncitizen national, or lawful permanent resident).
- If you are not a U.S. citizen, provide your Alien Registration Number or Admission Number.
- Sign and date the form at the bottom of Section 1.
- In Section 2, your employer will need to complete this section. They will review your identification documents and record the details.
- Ensure your employer signs and dates Section 2 as well.
- Keep the completed form for your records, as it must be available for inspection by authorized officials.