What Is an I-9 Form?

Form I-9 is used to verify that a person is legally eligible to work in the United States. U.S. employers and employees, including citizens and noncitizens, are required to complete the form. Once you’ve made a job offer (but not before), the new employee must demonstrate eligibility to work in the U.S. by completing the form.

As an employer, it's your responsibility to ensure that this form from the U.S. Citizenship and Immigration Services (USCIS) is completed accurately by both the employee and you. Employers should keep these records as long as someone is in their hire.

Filling Out an I-9 Form

The Form I-9 is designed to obtain information from new employees demonstrating their eligibility to work legally in the U.S. No worker is exempt from completing the form.

澳洲幸运5官方开奖结果体彩网: T𝓰he form is made up of three parts:

1. For the Employee, Esꦆtablishing Iden🍃tity (Section 1)

The employee completes this section of the form. It includes information such as the employee’s full name, address, date of birth, Social Security number (SSN) (if applicable), email address, and telephone number.

Th🎃e employee must also attest—under penalty of perjury—that they are legally eligible to work in the United States due to being:

• A U.S. citizen
• A noncitizen national of the United States
• A lawful permanent resident
• An alien authorized to work in the U.S. The employee must enter the 澳洲幸运5官方开奖结果体彩网:expiration date for this authorization, if applicable.

An employee who is an alien and authorized to work must enter the alien registration number (an “A-number” which is a unique seven-, eight-, or nine-digit number assigned to an alien) or Form I-94 admission number. 

The employee must sign the form and date it. False statements can result in fines and/or imprisonment.

Some employees may need assistance to complete their portion of the form. If the employee is a minor or disabled (or needs translation), the person aiding in the completion of the form (i.e., the preparer and/or translator) must also include their name and address as well as a signature on Supplement A of the form (also under penalty of perjury).

2. For🌠 the Employer, Revie✱wing the Employee’s Documents (Section 2) 

The employer completes this section of Form I-9. It describes the documents that the employer has reviewed to verify employment eligibility. The employer should take this action within three days of the first day of employment. The employer can—but isn't required to—create a copy of the document(s) presented.

There are three lists of documents that can be used. The type of documents used dictates the portion of Section 2 that the employer must complete.

List A: The documents in this list establish both the employee’s identity and employment authorization. An employee need only present one form to do this, such as a U.S. passport, a permanent resident card such as a 澳洲幸运5官方开奖结果体彩网:green card or alien registration receipt, or an em💙ployment aut🥀horization document (Form I-766).

List B: The documents in this list show the employee's identity. If an employee doesn't have a document from List A, one document from List B must be produced, plus one document from List C (below).

• Driver’s license or ID card issued by a state (as long as it contains a photo ID and other personal information)
• ID card issued by federal, state, or local government agencies (as long as it contains a photo ID and other personal information)
• School ID with a photograph
• Voter’s registration card
• U.S. military card or draft record
• Military dependent’s ID card
• U.S. Coast Guard Merchant Mariner card
• Native American tribal document
• Driver’s license issued by a Canadian government authority

For minors (under age 18) who can't produce one of the documents in List B, alternative documents that are acceptable to prove the employee’s identity include a school record or report card; clinic, doctor, or hospital record; or a day-care or nursery school record.

List C: These documents establish the employee’s authorization to work in the United States. Again, if the employee can't produce a document from List A, they must produce one from List B and one from List C.

• 澳洲幸运5官方开奖结果体彩网:Social Security account number card (unless the card says: not valid for employment, valid only for work with INS authorization, or valid for work only with DHS authorization)
• Certification of birth abroad issued by the Department of State (Form FS-545)
• Certification of report of birth issued by the Department of State (Form DS-1350)
• Original or certified copy of a birth certificate issued by a state, county, municipal authority, or territory of the U.S. that has an official seal
• Native American tribal document
• U.S. citizen ID card (Form I-197)
• Identification Card for use of resident citizen in the United States (Form I-179)
• Employment authorization document issued by the Department of Homeland Security

Employees and employers must attest under penalty of perjury that they have reviewed the necessary documents, believe them to be genuine, and that the employee is authorized to work to the best of their knowledge. They must also record the employee’s first day of employment and provide their own business information, including name, address, and job title.

Employers should note that they may remotely examine employees' Form I-9 documents, as long as they're enrolled in the Department of Homeland Security's web-based system, E-Verify.

3. For t💧he Employer,ꦅ When Rehiring (Supplement B) 

This part of the form is also completed only by the employer and is used only to re-verify when re-hiring an employee. If an employee is re-hired within three years of the date of the original I-9, the employer can complete this section or a new I-9.

If it's necessary to complete this part, then the employer merely lists the employee's name (or new name if the employee has had a name change) and the re-hire date. If the previous authorization of employment expired but has now been extended, enter information about the document establishing such authorization (document title, number, and new employment authorization expiration date).

As in the other sections, the employee must sign under penalty of perjury that they believe the documents presented are genuine and that the employee is authorized to work in the United States. Penalties for perjury can be severe, varying by state, with potential sentences of up to 15 years in prison in some cases.

The Bottom Line

Employers should retain I-9s as long as someone is in their hire. From time to time, the federal government may eღxamine your employment records. Failure to properly maintain and produce Form I-9 during an audit can result in civil fines, which may vary 💜depending on the severity of the violation and, in some cases, criminal penalties.

It's best to regularly audit your I-9 forms and correct any errors or omissions you find. These forms should also be stored securely, whether electronically or in paper format.

Find more information about the I-9 from the “Handbook for Employers: Instructions for Completing Form I-9”. For any further questions about the I-9, you can also consult with an employment law attorn❀ey.