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The USCIS I-9 form is a crucial document for employers in the United States, serving as a verification tool to ensure that employees are legally authorized to work in the country. This form requires both the employer and the employee to provide specific information, including personal details, employment eligibility, and supporting documentation. Employers must complete the I-9 form within three days of an employee's start date, confirming their identity and work authorization through various acceptable documents, such as a passport or a driver's license. Additionally, the form includes sections for both parties to attest to the accuracy of the information provided, ensuring compliance with federal immigration laws. Failure to properly complete or retain the I-9 form can lead to significant penalties for employers, making it essential for businesses to understand the requirements and maintain accurate records. Understanding the I-9 process is not just about compliance; it also fosters a fair and equitable workplace, where all employees are treated with respect and dignity.
Key takeaways
Filling out the USCIS I-9 form is a crucial step for employers and employees alike in ensuring compliance with immigration laws. Here are some key takeaways to keep in mind:
- Understand the Purpose: The I-9 form is used to verify the identity and employment authorization of individuals hired for employment in the United States.
- Complete the Form Promptly: Employees must fill out Section 1 of the I-9 form on or before their first day of work.
- Provide Accurate Information: It is essential to provide truthful and accurate information on the I-9 form to avoid potential legal issues.
- Document Verification: Employers must review and verify the documents presented by the employee within three business days of their start date.
- Acceptable Documents: The form lists acceptable documents that can establish identity and employment authorization. Familiarize yourself with these categories.
- Retention Requirements: Employers are required to retain the I-9 form for a specific period, typically for three years after the date of hire or one year after employment ends, whichever is longer.
- Regular Audits: Conducting regular audits of I-9 forms can help ensure compliance and identify any discrepancies before they become an issue.
- Training for Staff: Providing training for staff responsible for completing and maintaining I-9 forms can help reduce errors and improve compliance.
- Updates and Changes: Stay informed about any changes to the I-9 form or related regulations to ensure ongoing compliance.
Understanding these key aspects of the I-9 form can foster a smoother hiring process and help maintain a compliant workplace.
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Documents used along the form
The USCIS I-9 form is essential for verifying an employee's eligibility to work in the United States. Alongside this form, several other documents can support the employment verification process. Here’s a list of commonly used forms and documents that complement the I-9 form.
- Form W-4: This form is used by employees to indicate their tax situation to their employer. It helps determine the amount of federal income tax to withhold from their paychecks.
- Form I-765: This application for employment authorization allows individuals to request permission to work in the U.S. It is often used by those seeking to adjust their immigration status.
- Form I-20: Issued to international students, this form certifies their acceptance into a program and is necessary for obtaining a student visa.
- Form DS-2019: Used for exchange visitors, this form is required for obtaining a J-1 visa, allowing individuals to participate in approved exchange programs.
- Form I-94: This document records the arrival and departure of non-citizens in the U.S. It is crucial for verifying the immigration status of individuals.
- Employment Agreement: This document outlines the terms of employment, including job responsibilities, salary, and benefits, ensuring clarity between employer and employee.
- Background Check Consent Form: Employers may require this form to obtain permission from applicants to conduct background checks, which can include criminal history and employment verification.
- State-Specific Employment Forms: Some states have additional forms that employers must complete for tax withholding or labor law compliance, tailored to local regulations.
These documents play a vital role in the hiring process, ensuring compliance with federal and state regulations. Understanding their purpose can help both employers and employees navigate the employment landscape more effectively.
Dos and Don'ts
When filling out the USCIS I-9 form, it is important to follow specific guidelines to ensure accuracy and compliance. Here are some things you should and shouldn't do:
- Do: Provide accurate and truthful information. Double-check all entries for errors.
- Do: Complete the form in a timely manner. Ensure it is filled out within the required timeframe.
- Do: Use black or blue ink when filling out the form. This makes the information clear and legible.
- Do: Sign and date the form. Your signature confirms the accuracy of the information provided.
- Don't: Leave any sections blank. Fill in all required fields to avoid delays.
- Don't: Provide false information. Misrepresentation can lead to serious consequences.
- Don't: Forget to update the form if your employment status changes. Keep it current.
- Don't: Submit the form without reviewing it. Mistakes can lead to complications.
Common mistakes
Filling out the USCIS I-9 form can be straightforward, but mistakes are common. One frequent error occurs when individuals fail to complete all required sections. Each section of the form is important, and leaving any part blank can lead to delays or denials. It’s essential to review the entire form before submission to ensure every section is filled out accurately.
Another mistake involves using outdated versions of the I-9 form. USCIS periodically updates the form, and using an older version can result in compliance issues. Always check the USCIS website for the most current version of the form before filling it out.
Some people overlook the importance of providing accurate information. Misstating names, dates, or Social Security numbers can lead to complications. Double-checking all information helps avoid potential problems with employment eligibility verification.
Additionally, individuals sometimes forget to sign and date the form. A signature is a critical part of the I-9 process. Without it, the form is incomplete. Ensuring that both the employee and employer sections are signed can prevent unnecessary follow-up requests.
Lastly, many individuals do not retain copies of the completed I-9 form. Keeping a copy for personal records is advisable. This practice can be beneficial if any questions arise regarding employment eligibility in the future.
File Characteristics
| Fact Name | Description |
|---|---|
| Purpose | The USCIS I-9 form is used to verify the identity and employment authorization of individuals hired for employment in the United States. |
| Completion Timeline | Employers must complete the I-9 form within three days of an employee's start date. |
| Retention Requirement | Employers are required to retain completed I-9 forms for three years after the date of hire or for one year after the employee's termination, whichever is later. |
| State-Specific Forms | Some states may have additional forms or requirements. For example, California requires employers to comply with the California Labor Code Section 1171.5. |
Form Sample
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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Address (Street Number and Name) |
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Employer Completes Next Page
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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 |
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
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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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Issuing Authority |
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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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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 |