Table of Contents
The USCIS I-9 form is a crucial document in the employment process, serving as a verification tool for employers to confirm the identity and work eligibility of their employees in the United States. This form requires both the employee and employer to provide specific information, including personal details such as name, address, and date of birth, as well as documentation that proves the employee's identity and legal right to work. Employers must complete the I-9 form within three days of hiring a new employee, ensuring compliance with federal regulations. The form consists of three main sections: the employee's information, the employer's review of documents, and the certification of the employer. Proper completion and retention of the I-9 form are essential for businesses to avoid penalties and ensure a lawful workforce. Understanding the nuances of the I-9 process can help both employers and employees navigate their responsibilities effectively, fostering a compliant and secure hiring environment.
Document Specifics
| Fact Name | Description |
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| Purpose | The I-9 form is used to verify the identity and employment authorization of individuals hired for employment in the United States. |
| Who Must Complete | All employers must ensure that their employees complete the I-9 form, regardless of citizenship status. |
| Timeframe for Completion | Employees must complete Section 1 of the I-9 form on or before their first day of employment. |
| Employer Responsibilities | Employers must complete Section 2 of the I-9 form within three business days of the employee’s start date. |
| Acceptable Documents | Employees must provide documents that establish identity and employment authorization. A list of acceptable documents is provided on the form. |
| Retention Period | Employers are required to retain completed I-9 forms for three years after the date of hire or one year after the employee's termination, whichever is longer. |
| Penalties for Noncompliance | Employers may face fines and penalties for failing to complete or retain I-9 forms properly. |
| State-Specific Forms | Some states may have additional requirements for employment verification. For instance, California has its own state-specific forms under the California Labor Code. |
| Electronic I-9 Forms | Employers are allowed to complete and store I-9 forms electronically, provided they comply with specific regulations. |
| Updates and Revisions | The I-9 form is subject to updates. Employers must use the most current version, which can be found on the USCIS website. |
Similar forms
- W-4 Form: This form is used by employees to indicate their tax situation to their employer. Like the I-9, it requires personal information and is essential for compliance with federal regulations.
- W-2 Form: Employers use this form to report annual wages and tax withholdings for employees. Both forms are critical for maintaining accurate employment records and ensuring tax compliance.
California Judicial Council Form: The California Judicial Council form is a standardized document used in the California court system to streamline legal proceedings. It provides essential structure and consistency for various pleadings and court filings, ensuring that all necessary information is clearly presented. Understanding this form is vital for anyone involved in legal processes in California, so take the first step toward clarity by filling it out. Click the button below to get started! California PDF Forms
- Form 1099: This document is issued to independent contractors and freelancers to report income. Similar to the I-9, it verifies employment status but focuses on non-employee compensation.
- Form I-765: This application for employment authorization allows certain non-citizens to work in the U.S. Like the I-9, it is part of the process for verifying eligibility to work.
- Form I-20: Issued to international students, this form certifies eligibility for study in the U.S. It parallels the I-9 in that it verifies a person's status and eligibility for specific activities.
- Form DS-2019: This document is used for exchange visitors to apply for a visa. Similar to the I-9, it confirms eligibility for participation in specific programs and activities in the U.S.
- Employment Verification Letter: Employers often provide this letter to confirm an employee's job status and details. Like the I-9, it serves to validate employment and is often required for loans or housing applications.
- Form I-94: This arrival/departure record is issued to foreign visitors. It provides proof of legal entry into the U.S. and is similar to the I-9 in verifying an individual's status for employment purposes.
USCIS I-9 Example
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 |
►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
Form |
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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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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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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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. |
||
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) |
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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 every new employee. This form is used to verify the identity and employment authorization of individuals hired to work in the U.S. It requires employees to provide specific documentation that proves their identity and eligibility to work legally in the country.
Who needs to fill out the I-9 form?
All employers in the U.S. are required to have their new hires complete the I-9 form. This applies to citizens, non-citizens, and individuals of all ages. Each new employee must fill out the form within three days of starting work. It is essential for employers to maintain accurate records of these forms for compliance with federal regulations.
What documents are acceptable for the I-9 form?
The I-9 form requires employees to present documents that establish both their identity and their eligibility to work. There are three categories of documents: List A documents, which establish both identity and employment authorization; List B documents, which establish identity; and List C documents, which establish employment authorization. Employees can choose which documents to present, but they must provide either one document from List A or one document from List B and one from List C.
How long should employers keep the I-9 form on file?
Employers must retain the I-9 form for a specific period. They are required to keep the form for three years after the date of hire or for one year after the employee's termination, whichever is longer. It is important to maintain these records in a secure location, as they may be subject to inspection by immigration authorities.
What happens if an employer fails to complete the I-9 form?
If an employer fails to complete the I-9 form or does not keep it on file, they may face penalties. The U.S. Citizenship and Immigration Services (USCIS) can impose fines and other sanctions for non-compliance. Additionally, employers could be held liable for hiring individuals who are not authorized to work in the U.S., which can lead to further legal complications.
Can the I-9 form be completed electronically?
Yes, the I-9 form can be completed electronically. The USCIS allows employers to use electronic systems to fill out and store the form, provided they comply with certain requirements. Electronic signatures are permitted, but employers must ensure that the electronic process meets all necessary security and accessibility standards. This option can streamline the hiring process and make record-keeping more efficient.
Dos and Don'ts
When filling out the USCIS I-9 form, it’s important to follow certain guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn’t do.
- Do read the instructions carefully before starting the form.
- Do provide accurate information about your identity and employment eligibility.
- Do use black or blue ink to fill out the form.
- Do sign and date the form in the appropriate sections.
- Do keep a copy of the completed form for your records.
- Don’t leave any required fields blank.
- Don’t use white-out or any correction fluid on the form.
- Don’t submit the form without verifying all information is correct.
- Don’t forget to complete the form within the required time frame.
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