USCIS I-9 PDF Form

Detailed Instructions for Filling Out USCIS I-9

Filling out the USCIS I-9 form is a crucial step for both employers and employees in ensuring legal employment eligibility in the United States. This process involves two primary parts. The first part requires information from the employee about their identity and employment authorization. The second part must be filled out by the employer, verifying that they have reviewed the employee's documents and believe them to be genuine and accurate. Here's how you can successfully navigate filling out the form.

1. Section 1: Employee Information and Attestation
   • Start by filling out your full legal name, including your last name, first name, and middle initial, if applicable.
   • Enter your other names used, if any. If you haven't used any other names, write "N/A".
   • Provide your address, including apartment number, city, state, and ZIP code.
   • Add your date of birth in the format of mm/dd/yyyy.
   • Enter your Social Security Number.
   • Check the appropriate box that indicates your citizenship or immigration status.
   • If you're a noncitizen, enter your Alien Registration Number/USCIS Number OR Form I-94 Admission Number. If you obtained your right to work through a foreign passport, enter the passport number and country of issuance.
   • Sign and date the form to attest that the information is true and correct. Also, don’t forget to input the date.
2. Section 2: Employer or Authorized Representative Review and Verification
   • The employer must ensure the employee completes Section 1 no later than their first day of employment.
   • Review the documents the employee presents from either List A or List B and List C of the form's instructions. List A documents establish both identity and employment authorization. List B documents establish identity only, while List C documents establish employment authorization only.
   • Record the document title(s), issuing authority, document number, and expiration date, if any, for each document reviewed.
   • Complete the certification area by entering the employee’s first day of employment, the employer’s business or organization name, and the address of the establishment where the employee will work.
   • Sign and date the form to confirm that to the best of your knowledge, the employee is authorized to work in the United States.
3. Section 3: Reverification and Rehires (To be completed and signed by an employer or authorized representative.)
   • This section is used when the employee’s employment authorization or documentation of employment authorization has expired ("reverification"), or they are rehired within three years of the date that Form I-9 was originally completed.
   • Enter the employee’s new name, if applicable.
   • Document any document title, number, and expiration date indicating updated work authorization.
   • Sign, date the form, and note the date of rehire, if applicable.

After completing these steps, employees should ensure their portion of the form is done accurately, while employers must verify the authenticity of the documents presented and complete their section properly. Staying informed and diligent during this process helps maintain compliance with employment eligibility verification requirements.

1. What is the purpose of the USCIS I-9 form?

   The USCIS I-9 form serves a crucial role in verifying both the identity and the authorization of individuals hired for employment in the United States. Its purpose is to ensure that all employees, regardless of their citizenship or national origin, are legally allowed to work in the U.S.

2. Who is required to fill out the I-9 form?

   Both employers and employees have responsibilities with the I-9 form. Employers must ensure that each employee, hired after November 6, 1986, completes the form at the time of hire. Employees must provide valid documentation that proves their identity and employment authorization.

3. When should the I-9 form be completed?

   The I-9 form has two sections that must be completed at specific times. The employee must complete Section 1 of the form no later than the first day of work for pay. The employer must complete Section 2 within three business days of the employee's first workday.

4. What documents are acceptable for the I-9 form?

   The list of acceptable documents is divided into three categories:

   • List A documents, which verify both identity and employment authorization,
   • List B documents, which verify identity only, and
   • List C documents, which verify employment authorization only.
   Employees must present one document from List A or one document from both List B and List C to satisfy the requirement.

5. How long must employers keep completed I-9 forms?

   Employers are required to retain the completed I-9 forms for all current employees for the duration of their employment. For former employees, the form must be retained for three years after the date of hire, or for one year after employment ends, whichever is later.

6. Can the I-9 form be filled out electronically?

   Yes, the I-9 form can be completed and stored electronically, as long as the system used complies with specific regulations set by the Department of Homeland Security regarding the generation, signature, retention, inspection, and storage of forms.

7. What happens if an employer fails to comply with I-9 requirements?

   Failure to properly complete, retain, and/or make available the I-9 forms for inspection can result in legal penalties, including fines and, in severe cases, criminal sanctions. The severity of the penalty often depends on the nature of the violation.

8. Are there any updates to the I-9 form?

   The USCIS periodically updates the I-9 form. Employers should use the most current version when verifying new employees. The latest version and its expiration date are available on the USCIS website.

9. How do employers correct mistakes made on the I-9 form?

   If an error is found on a completed I-9 form, employers should have the employee correct any information they originally provided in Section 1. Employers can correct errors in Section 2. Any changes should be initialed and dated by the person making the correction. It is important not to conceal any changes made.

10. Is the I-9 form required for independent contractors or unpaid volunteers?

    No, the I-9 form is not required for independent contractors or unpaid volunteers. However, companies should ensure they do not incorrectly classify employees as independent contractors to avoid legal consequences.

Filling out the USCIS I-9 form is a crucial step for employers in the United States to verify the employment eligibility of their workers. Despite its importance, many people make errors during this process. One common mistake is not completing the form on time. Employers are required to ensure the I-9 is fully completed within three business days of the employee's first day of employment. Delaying beyond this period can lead to compliance issues and potential fines.

Another frequent error involves misunderstanding the list of acceptable documents. The I-9 form requires that employees present documentation that proves both their identity and their eligibility to work in the U.S. Some individuals mistakenly present documents from the same column or fail to provide one from each required column. Employees must choose from a set of options — one from List A or a combination of one from List B and one from List C.

A not so obvious mistake many make is not using the most current version of the form. The U.S. Citizenship and Immigration Services (USCIS) periodically updates the I-9 form, and it's the employer's responsibility to ensure they are using the latest version for new hires. Using an outdated form can result in non-compliance with federal regulations.

Incorrectly filling out sections of the form is another common error. This includes not filling out certain fields, such as the employee's middle initial, or incorrectly entering dates. These may seem like minor mistakes, but they can result in the need to correct the form, thereby delaying the verification process.

Not correctly re-verifying temporary work authorizations is an issue that some employers struggle with. For individuals who are not U.S. citizens or permanent residents, and who have temporary work authorization, their employment eligibility needs to be reverified upon expiration of their work authorization documents. Failure to do so can lead to employing someone without work authorization, with significant legal repercussions for the employer.

An overlooked mistake is failing to keep proper records. Employers are required to keep completed I-9 forms for all current employees and for a certain period after employment ends. These documents must be stored securely and be readily available for inspection by authorized government officials upon request.

Lastly, a notable mistake involves the digital completion of the I-9 form. While completing the form digitally is convenient and reduces errors related to legibility, it also introduces the possibility of not complying with electronic signature and storage requirements. Employers must ensure that their digital processes adhere to the strict rules set by USCIS, including the use of compliant software and secure storage solutions.

In summary, accurately completing and managing the USCIS I-9 form is vital for employers to ensure compliance with U.S. employment eligibility verification requirements. Being aware of and avoiding these seven common mistakes can help streamline the verification process, reduce errors, and minimize the risk of incurring penalties.

When it comes to employment in the United States, the USCIS I-9 form is just the tip of the iceberg in ensuring that employees are authorized to work legally in the country. This form, used by employers to verify the identity and employment authorization of individuals hired for employment in the United States, often requires additional documentation to complete the verification process. Understanding the variety of forms and documents that often accompany the USCIS I-9 can simplify and streamline the hiring process for employers and employees alike.

• Passport – A passport is a government-issued document that certifies the identity and nationality of the holder for international travel. Employers may accept a passport as a document that establishes both an employee’s identity and employment authorization.
• Driver's License or ID Card – Issued by a U.S. state or outlying possession, this document establishes the employee’s identity. When presented, it must be accompanied by a document that establishes employment authorization.
• Social Security Card – Issued by the Social Security Administration, a Social Security card that does not have any employment restrictions listed can establish employment authorization. It must be accompanied by a document that establishes identity.
• Birth Certificate – A U.S. birth certificate proves U.S. citizenship, which inherently establishes employment authorization. It must be paired with a document that proves identity.
• Permanent Resident Card or Alien Registration Receipt Card (Form I-551) – Often known as a "Green Card," this document establishes both identity and the right to work in the United States.
• Employment Authorization Document (Card) (Form I-766) – Issued by USCIS, this card shows that the holder is allowed to work in the United States.
• Foreign Passport with Form I-94 or Form I-94A – The foreign passport, when accompanied by an Arrival/Departure Record (Form I-94) or an Arrival/Departure Record in a foreign passport (Form I-94A), establishes both the identity and employment authorization of the employee.
• Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) – A passport from these countries, with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and FSM or RMI, establishes both identity and employment authorization.
• Certification of Report of Birth issued by the Department of State (Form DS-1350 or FS-545) – This document proves U.S. citizenship, which inherently establishes employment authorization. It must be accompanied by a document that establishes identity.

Gaining a comprehensive understanding of these documents not only facilitates compliance with employment verification requirements but also ensures a more inclusive and efficient onboarding process for new hires. Employers and employees should work together to ensure that the necessary documentation is provided and accurately verified to meet the requirements set forth by the United States Citizenship and Immigration Services (USCIS). By familiarizing themselves with these key documents, employers can navigate the complexities of employment eligibility verification with greater confidence and ease.

• W-4 Form (Employee's Withholding Certificate): Similar to the USCIS I-9 Form, the W-4 Form is a mandatory document for new employees in the United States. It is used to determine the amount of federal income tax to withhold from an employee's paycheck. Both forms are essential for employment in the U.S., requiring personal and eligibility information, but serving different purposes: the I-9 for verifying the legal authorization to work and the W-4 for tax withholding purposes.

• W-2 Form (Wage and Tax Statement): The W-2 form, issued annually by employers, provides information on an employee's annual wages and taxes withheld. It shares a connection with the I-9 form, as both are integral to the employment process. While the I-9 verifies an employee's authorization to work in the U.S., the W-2 accounts for the income and taxes of that employment, making both documents crucial for legal employment and tax compliance.

• Form SS-5 (Application for a Social Security Card): Form SS-5 is required to apply for a Social Security Number (SSN), a critical component for employment in the U.S., much like the I-9 form. Both documents are pivotal for employment, with the I-9 verifying employment eligibility and the SS-5 facilitating the assignment of an SSN for payroll and tax purposes, highlighting the interconnectedness of employment and identity verification processes.

• Form 1099-MISC (Miscellaneous Income): The 1099-MISC form is used to report payments made to independent contractors and is a document that, like the I-9, is linked to employment. While the I-9 form is utilized for employees to establish their eligibility to work, the 1099-MISC caters to freelancers or contractors, implying both forms play roles in regulating work status and tax obligations, albeit for different types of work relationships.

• DS-160 (Online Nonimmigrant Visa Application): The DS-160 form is for those seeking to travel to the United States on a temporary basis. It bears similarity to the I-9 in its role in screening individuals, although in a different context. While the I-9 is for employment eligibility within the U.S., the DS-160 pertains to entry into the U.S., demonstrating how both forms are instrumental in regulating individuals’ presence in the United States.

• Employment Eligibility Verification documents for non-U.S. citizens: These encompass various documents, like an Employment Authorization Document (EAD) or a visa, that non-U.S. citizens must obtain to work legally in the U.S. Similar to the I-9 form's purpose of verifying eligibility to work, these documents serve as proof that the holder is authorized to be employed in the U.S., thereby highlighting the necessity of verifying work eligibility, regardless of citizenship status.

Filling out the USCIS I-9 form is an essential step for employers and employees in the United States to verify an individual's eligibility to work. To ensure accuracy and compliance, here are some of the do's and don'ts to keep in mind during the process.

Do's:

1. Ensure that every employee completes the form no later than their first day of employment. This is crucial for maintaining compliance with employment laws.
2. Verify that all the information provided is accurate and true. The employee must fill out Section 1 by their first day of work, while the employer completes Section 2 within three business days of the employee's start date.
3. Review the original documents that the employee presents to prove their identity and employment authorization. These documents must be listed in the instructions of the I-9 form and be genuine and relate to the person presenting them.
4. Retain and store the completed I-9 forms either for three years after the date of hire or for one year after employment ends, whichever is later. Proper storage of these documents is necessary for potential future inspections.
5. Use the most current version of the USCIS I-9 form. Make sure to check the USCIS website for the latest version to ensure compliance.

Don'ts:

• Don't ask employees to provide any specific documents; it's up to the employee to choose which document(s) they will provide from the Lists of Acceptable Documents.
• Don't fill out the form after the allowed time frame; this can result in compliance issues and potential penalties for the employer.
• Don't forget to sign and date the certification section, as incomplete forms are considered a violation of federal law.
• Don't make copies of the documents an employee presents, unless required by law or organizational policy. If copies are made, they must be retained with the I-9 form.
• Don't discriminate against employees by treating them differently when filling out the I-9 form based on their citizenship, immigration status, or national origin.

The USCIS I-9 form, essential for verifying the identity and employment authorization of individuals hired for employment in the United States, is often misunderstood. Here are four common misconceptions:

• Only non-citizens need to complete the I-9 form. This is incorrect. All employees, regardless of their citizenship or national origin, must complete the I-9 form. The process ensures that individuals are authorized to work in the U.S., applying equally to citizens and non-citizens alike.

• The employer must submit the I-9 form to USCIS. Employers do not submit the I-9 form to US Citizenship and Immigration Services (USCIS) or any other federal agency routinely. Rather, they are required to retain the completed forms and present them in case of an inspection by authorized federal officials.

• Digital copies of the I-9 form are not acceptable. Contrary to this belief, employers are permitted to retain copies of the I-9 form in a digital format, provided they meet regulatory requirements for document retention and security. Digital storage solutions must ensure the integrity, accuracy, and reliability of the storage system.

• Once completed, the I-9 form does not need further attention. Incorrect. Employers must reverify certain documents upon their expiration. Not all documents require reverification, but for those that do, like temporary work authorizations, employers must keep track and update the I-9 form accordingly.

The U.S. Citizenship and Immigration Services (USCIS) I-9 form is a critical document for employers and employees alike. It serves to verify the employee's identity and eligibility to work in the United States. Understanding the key components and requirements of completing and maintaining the I-9 form can prevent potential legal challenges. Here are four essential aspects to consider:

• Timeliness is crucial: The I-9 form must be completed promptly. Employees should fill out Section 1 no later than their first day of employment. Employers are responsible for completing Section 2 within three business days of the employee’s start date. Failing to adhere to this timeline can result in legal penalties.
• Avoid discrimination: When processing I-9 forms, employers must ensure they do not discriminate against employees based on their national origin, citizenship, or immigration status. Employers should apply the same practices and standards to all employees, whether they are citizens or non-citizen immigrants.
• Keep forms accessible: Employers are required to retain completed I-9 forms for all active employees. For former employees, retain their forms for either three years after the date of hire or one year after the employment ends, whichever is later. The government must be able to inspect these forms upon request.
• Be precise and thorough: Accuracy is paramount when filling out the I-9 form. Errors or incomplete forms can lead to legal consequences. Employers should ensure that every section is completed fully and accurately, and employees must provide genuine and valid documentation to support their I-9 form information.

Adhering to these guidelines not only helps comply with legal requirements but also safeguards against unnecessary legal complications. Employers should conduct regular audits of their I-9 forms and stay updated on any changes to immigration laws and regulations to ensure ongoing compliance.