What is a Form I-9?

Form I-9 is an Employment Eligibility Verification form from the United States Citizenship and Immigration Services (USCIS). The form is used by employers to verify that all new employees are legally authorized to work in the United States. The employer must complete the form for each new employee at the time of hire.

Who is Eligible for Form I-9?

Form I-9 is an Employment Eligibility Verification form used by employers to verify their employees have the legal right to work in the United States. All employees who are hired in the United States must fill out a Form I-9, regardless of their citizenship, nationality, or immigration status. This includes citizens and non-citizens alike, as well as temporary and permanent workers.

What is the Latest Form I-9 Edition?

The latest edition of the Form I-9 is the version dated 11/14/2016. It was last revised on July 17, 2017.

What are the Required Documents for Form I-9?

The following documents are required for Form I-9:

1. Evidence of identity and employment authorization: This includes one document from List A or one document from List B and one document from List C.

List A:
* U.S. Passport or U.S. Passport Card;
* Permanent Resident Card or Alien Registration Receipt Card (Form I-551);
* Foreign passport with a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa;
* Employment Authorization Document that contains a photograph (Form I-766).

List B:
* Driver’s license or state-issued ID card;
* ID card issued by federal, state, or local government agencies;
* School ID card with 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.

List C:
* Social Security card;
* Original or certified birth certificate;
* Certificate of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350);
* Certification of Report of Birth issued by the Department of State (Form FS-240);
* U.S. Citizen ID Card (Form I-197);
* Native American tribal document;
* Canadian birth certificate;
* Mexican Consular ID card (Matricula Consular);
* Unaccompanied Alien Child Arrival/Departure Document (Form I-94);
* School record or report card;
* Clinic, doctor, or hospital record;
* Daycare or nursery school record.

How to Submit Form I-9?

1. Gather the necessary documents: All employers must ensure that their new employees provide valid identity and work authorization documents. Acceptable documents are listed in the Form I-9.

2. Provide the employee with the Form I-9 and instructions: The employer must provide the employee with instructions on how to complete Section 1 of Form I-9 and provide them with a copy of the form.

3. Have the employee complete Section 1: The employee must fill out Section 1 of Form I-9, which requires them to enter their personal information, such as name, date of birth, Social Security number and address.

4. Review the employee’s documents: The employer must review the documents that the employee provides in order to verify their identity and work authorization status.

5. Complete Section 2 of Form I-9: The employer must complete section 2 of Form I-9 by entering in the information from the documents they reviewed.

6. Retain a Copy of Form I-9: Both the employer and employee must retain a copy of Form I-9 for at least three years or until one year after the date of hire, whichever is longer.

What are the Filing Tips for Form I-9?

1. Complete Form I-9 accurately and completely: Be sure to fill out all required information on the form, use black ink, and sign and date the form.

2. Retain a copy of Form I-9: Employers are required to retain Form I-9 for each employee for at least three years after the date of hire or one year after the date the employment ends (whichever is later). The form should be securely stored in a location that is easily accessible in case it needs to be audited by USCIS.

3. Ensure Documentation Requirements are met: Employers are required to review appropriate documents that establish identity and authorization to work in the US as listed on page 2 of the Form I-9. Such documents may include a passport, driver’s license, birth certificate, or social security card.

4. Use E-Verify: E-Verify is an internet-based system that allows employers to electronically verify the employment eligibility of their employees. It is important for employers to use this system to ensure that their employees are legally authorized to work in the US.

5. Avoid Penalties: Employers who fail to properly complete and retain Form I-9 may be subject to civil or criminal penalties from USCIS. In addition, employers are urged not to discriminate against any employee or job applicant on the basis of their national origin, citizenship status, or religion.

Are There Special Instructions for Form I-9?

Yes, there are special instructions for Form I-9. The U.S. Citizenship and Immigration Services (USCIS) provides detailed instructions that must be followed when completing Form I-9. Some of the main instructions include:

1. You must complete Form I-9 within 3 days of an employee’s start date.
2. You must make sure that the information provided on the form is accurate and complete.
3. You must verify the identity and employment authorization of each employee you hire by examining original documents.
4. You must retain a copy of each employee’s completed Form I-9 for a period of three years after the date of hire, or one year after the date the employee’s employment is terminated, whichever comes first.
5. You must make sure that all documents presented by the employee are stored in a secure location and are not accessed by unauthorized individuals.
6. You must ensure that you are not discriminating against any employee because of their national origin or citizenship status.

What is the Form I-9 Fee?

There is no fee associated with Form I-9. The form is free for employers to download, complete, and submit to the U.S. Citizenship and Immigration Services (USCIS). Employers must also provide a copy of the employee’s Form I-9 to the employee and retain a copy for their records.

Can I Apply for Form I-9 Fee Waiver or Reduction?

Yes, you can apply for a Form I-9 fee waiver or reduction. To apply for a fee waiver or reduction, you must complete and submit Form I-912, Request for Fee Waiver, to U.S. Citizenship and Immigration Services (USCIS) along with the required supporting documentation. The form is available on the USCIS website. The fee waiver applies only to the Form I-9 fee, not to any other fees associated with the application process. If your application is approved, USCIS will waive the fee for filing the Form I-9.

What is the Form I-9 Processing Time?

The processing time for Form I-9 depends on a variety of factors, including the amount of time needed to review the information provided and complete the verification process. Processing times can range from one day to several weeks, depending on the specific circumstances.

Form I-9 Frequently Asked Questions

1. What is Form I-9?
Form I-9 is an Employment Eligibility Verification form. It is used to verify the identity and employment authorization of individuals hired for employment in the United States.

2. Who is required to complete Form I-9?
All employers in the United States must complete Form I-9 for each individual they hire for employment in the United States, regardless of citizenship or national origin.

3. What documents are acceptable to complete Form I-9?
Acceptable documents to complete the form include a U.S. Passport, Permanent Resident Card, Employment Authorization Document, or Social Security card, among other documents. A full list of acceptable documents can be found on the U.S. Citizenship and Immigration Services website.

4. How long do I have to keep Form I-9 on file?
Employers must keep Form I-9 on file for at least three years after the date of hire, or one year after the date employment ends, whichever is later.

5. What are the penalties for not completing Form I-9 correctly?
If an employer does not comply with the Form I-9 requirements, they may be subject to civil and criminal penalties ranging from fines to imprisonment.