A Guide to Completing US Form I-9 Employment Eligibility Verification

The Form I-9, Employment Eligibility Verification, is a mandatory document required by the United States Citizenship and Immigration Services (USCIS). It is used to verify the identity and work authorization of individuals hired for employment in the United States. Both U.S. citizens and noncitizens must complete this form upon being hired to ensure compliance with federal employment laws.

This guide provides a comprehensive overview of Form I-9, including who needs to complete it, how to fill it out correctly, employer responsibilities, and common mistakes to avoid.

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1. What is Form I-9?

Form I-9 is a document that employers and employees must complete when a new employee is hired in the U.S. It ensures that the employee is legally authorized to work in the country.

• Employers use this form to verify an employee’s identity and eligibility to work.
• Employees must provide specific documents proving their identity and work authorization.

Employers must retain this form and present it upon request during an audit by the U.S. Immigration and Customs Enforcement (ICE) or other federal agencies.

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2. Who Needs to Complete Form I-9?

A. Individuals Who Must Complete Form I-9

• All new employees hired in the U.S., regardless of citizenship or immigration status.
• U.S. citizens, permanent residents, and foreign nationals authorized to work in the U.S.
• Employees rehired after a gap in employment (in certain cases).

B. Who is Exempt from Form I-9?

• Independent contractors and freelancers (not considered employees).
• Casual domestic workers (e.g., babysitters hired for sporadic work).
• Employees hired before November 6, 1986 (before Form I-9 became a requirement).

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3. When Should Form I-9 Be Completed?

A. For New Employees

• Section 1 must be completed by the employee no later than their first day of work.
• Section 2 must be completed by the employer within three business days of the employee’s first day.

B. For Rehires

• If an employee is rehired within three years of the original I-9 form, the employer may use the existing form.
• If documents have expired or changed, a new I-9 must be completed.

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4. How to Complete Form I-9: Step-by-Step Guide

A. Section 1: Employee Information and Attestation

This section is completed by the employee and includes:

1. Personal Information:

   • Full legal name
   • Date of birth
   • Address (residential)
   • Social Security Number (only required for E-Verify employers)

2. Immigration Status:

   • U.S. Citizen
   • Noncitizen National
   • Lawful Permanent Resident (Green Card Holder)
   • Noncitizen Authorized to Work (must provide expiration date & USCIS number)

3. Signature and Date:

   • The employee must sign and date the form.
   • If an individual cannot complete the form themselves, a preparer or translator can assist, but they must complete the preparer section.

B. Section 2: Employer Review and Verification

This section is completed by the employer within three business days after the employee starts work.

1. Reviewing Employee’s Documents:

   • The employer must review original documents proving the employee’s identity and work authorization.
   • Employers cannot specify which documents the employee must provide—employees choose from an approved list.

2. Acceptable Documents (Must Provide One from List A OR One Each from Lists B & C):

   • List A: Documents that establish both identity and employment authorization
     • U.S. Passport or Passport Card
     • Permanent Resident Card (Green Card)
     • Employment Authorization Document (EAD)
     • Foreign passport with work authorization

   OR

   • List B: Documents that establish identity

     • Driver’s license
     • U.S. Military ID
     • School ID (for individuals under 18)

   • List C: Documents that establish employment authorization

     • Social Security Card (unrestricted)
     • Birth certificate issued by a U.S. state
     • Employment authorization document issued by DHS

3. Employer Certification:

   • Employers must complete this section by filling in:
     • Employee’s start date
     • Details of the documents provided (title, issuing authority, document number, expiration date)
     • Employer’s signature, business name, and date

C. Section 3: Reverification and Rehires

This section is used if an employee’s work authorization has expired or they have been rehired.

1. For reverification, the employee must provide new unexpired documents.
2. For rehired employees, employers can update the existing I-9 instead of filling out a new form.

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5. Employer Responsibilities and Retention Requirements

A. Proper Storage of Form I-9

• Employers must retain Form I-9 for all current employees.
• For terminated employees, employers must keep the form for:
  • Three years after the hire date OR One year after termination, whichever is later.

B. Making Copies of Documents

• Employers may (but are not required to) make copies of the employee’s identification documents.
• If copies are made, they must be retained and kept with the I-9 form.

C. I-9 Audits and Inspections

• U.S. Immigration and Customs Enforcement (ICE) may conduct audits to ensure compliance.
• Employers must present I-9 records within three days if requested by a government agency.
• Failing to comply may result in fines or penalties.

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6. Common Mistakes and How to Avoid Them

1. Missing Signatures
   • Employees must sign Section 1, and employers must sign Section 2.
2. Incorrect Documents Provided
   • Employers cannot dictate which documents an employee presents.
3. Failure to Complete the Form on Time
   • Employees must complete Section 1 by their first day, and employers must verify documents within three business days.
4. Using Expired Documents
   • All documents must be valid at the time of submission.
5. Incorrectly Retaining Forms
   • Employers must keep I-9s for all current employees and follow retention rules for former employees.

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7. What Happens If Form I-9 is Incorrect or Incomplete?

A. Penalties for Non-Compliance

• Employers may face fines ranging from hundreds to thousands of dollars per violation.
• Knowingly hiring unauthorized workers can lead to criminal charges.

B. How to Correct Mistakes on Form I-9

• If errors are found, employers should:
  • Cross out the incorrect information (do not use white-out).
  • Write the correct information above and initial/date the correction.

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8. Final Tips for Employees and Employers

• Employees should carefully check their information before submitting Form I-9.
• Employers must ensure accurate completion and follow retention rules.
• Both parties should stay updated on immigration laws that affect employment eligibility.

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9. Conclusion

Form I-9 is a critical component of U.S. employment law. Both employees and employers must ensure its proper completion to remain compliant with federal immigration regulations. By understanding the process and avoiding common mistakes, businesses and workers can successfully navigate employment eligibility verification while avoiding legal complications.