Fill Out a Valid USCIS I-9 Form

USCIS I-9 - Usage Guide

Completing the USCIS I-9 form is a crucial step for employees to verify their identity and eligibility to work in the United States. Employers are responsible for ensuring this form is filled out correctly and kept on file. The process consists of three sections, each requiring attention to detail to comply with federal law. The first section is completed by the employee, the second by the employer, and the third, if necessary, concerns re-verification and rehires. Here are the steps to accurately fill out this form.

1. Section 1: Employee Information and Attestation
   • Complete this section on your first day of employment, but not before accepting a job offer.
   • Provide your full legal name, including your middle initial, and if applicable, your other names used.
   • Enter your address, date of birth, and Social Security number.
   • Select your citizenship or immigration status from the options given.
   • If you are not a U.S. citizen, provide your Alien Registration Number/USCIS Number, Form I-94 Admission Number, or Foreign Passport Number, and the country of issuance.
   • Sign and date the attestation, certifying under penalty of perjury that the information is true and correct.
   • If you are preparing the form for someone else, fill out the Preparer and/or Translator Certification.
2. Section 2: Employer or Authorized Representative Review and Verification
   • This section must be completed within three business days of the employee's first day of work.
   • Examine the documents presented by the employee that prove identity and employment authorization. Refer to the list of acceptable documents on the last page of the I-9 form.
   • Record the document title, issuing authority, number(s), and expiration date, if any, of the document(s) presented.
   • Complete the certification by entering the employee's first day of employment, then sign and date the form.
3. Section 3: Re-verification and Rehires (if applicable)
   • Complete this section if the employee's employment authorization or documentation of employment authorization has expired, or if they are rehired within three years of the date this form was originally completed.
   • Examine any documents that show the employee is still authorized to work in the U.S. and record the document title, issuing authority, and expiration date, if any.
   • Sign and date the section.

Important: Both the employee and the employer are responsible for ensuring the form is fully completed. Employers must retain the completed I-9 for a specific period after the employee begins work or after termination, whichever is later. Further guidance, including the retention period, is available on the USCIS website.

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

The USCIS I-9 form is essential for verifying the identity and employment authorization of individuals hired for employment in the United States. It ensures that employees are legally allowed to work in the U.S. and must be filled out by both employers and employees.

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

Every employee working in the United States is required to fill out the I-9 form. This includes citizens and noncitizens alike. On the other hand, independent contractors and individuals employed by a contractor do not need to complete the form.

What documents are acceptable for completing the I-9 form?

The I-9 form requires employees to present documentation proving their identity and eligibility to work in the U.S. Acceptable documents are divided into three categories: List A documents that establish both identity and employment authorization, List B documents that establish identity only, and List C documents that establish employment authorization only. Employees should provide one document from List A or a combination of one document from List B and one from List C.

What happens if an I-9 form is not completed or is filled out incorrectly?

If an I-9 form is not completed or is filled out incorrectly, employers may face penalties. Ensuring the form is correctly filled out and retained according to legal requirements is crucial. Regular audits of I-9 forms can help prevent compliance issues.

How long must employers retain I-9 forms?

Employers are required to retain I-9 forms for all current employees for as long as they work for the company. Once an employee leaves, the employer must retain the I-9 form for either three years after the date of hire or one year after the employment ends, whichever is later.

Can the I-9 form be completed electronically?

Yes, the I-9 form can be completed electronically, provided that the system used meets the requirements of the regulations concerning the generation, signature, and storage of the I-9 form. Using an electronic system can simplify the process of completing, signing, and retaining I-9 forms while ensuring compliance with legal requirements.

One common mistake that people make when filling out the USCIS I-9 form is not checking it for completeness. Every field must be filled out accurately. When sections are left blank or are incomplete, it can lead to unnecessary delays. Employers and employees should thoroughly review the form to ensure no section has been missed.

Another error occurs when individuals use incorrect dates. The form requires precise dates in several sections, including employment authorization periods. Using incorrect dates can create confusion and may suggest that the employee is not authorized to work when, in fact, they are. Always double-check dates for accuracy before submitting the form.

Often, individuals fail to provide appropriate documentation. The I-9 form requires specific documents to prove identity and employment authorization. These documents are divided into List A, List B, and List C. Mistakes happen when individuals provide documentation that does not meet the criteria or when they fail to provide the required number of documents from the lists provided.

A fourth mistake is not signing or dating the form. Both the employee and employer sections require signatures and dates to attest that all provided information is true and accurate. Unsigned or undated forms are considered incomplete by the USCIS, which could potentially put an employee's work authorization in jeopardy.

Incorrectly filling out the preparer/translator section is another common mistake. This section should only be completed if a preparer or translator assisted with the form. It's often incorrectly filled or left blank when it should contain information. If someone did help with the form, their details must be accurately recorded here.

Last, employers sometimes fail to reverify employees when necessary. Some employees may have work authorization that needs to be renewed periodically. Employers should track these expiration dates and complete Section 3 of the I-9 form for reverification. Neglecting this step can result in employing someone without current work authorization, leading to legal complications.

The USCIS I-9 form is a critical document used by employers in the United States to verify the identity and employment authorization of individuals hired for employment. Alongside the I-9, there are several other key forms and documents that are frequently utilized. These documents serve various purposes, from permitting work in the U.S. to reporting employee information to the government. Understanding these associated documents can streamline the employment verification process and ensure compliance with legal requirements.

• Form W-4: This form is officially known as the Employee's Withholding Certificate. It is used by employers to determine the correct amount of federal income tax to withhold from an employee's paycheck. The W-4 is completed by the employee, providing essential information about their filing status and any additional jobs or deductible factors that might influence their tax withholding.
• Form W-2: The Wage and Tax Statement, better known as the W-2, is a document that employers must send to their employees and the IRS at the end of the year. It reports an employee's annual wages and the amount of taxes withheld from their paycheck. The W-2 is essential for employees to file their annual tax returns.
• Form I-765: Known as the Application for Employment Authorization, this form is used by individuals who are not U.S. citizens or permanent residents to request permission to work in the United States. The I-765 is critical for certain visa holders and undocumented immigrants who seek to obtain legal employment status.
• Form SS-5: The Application for a Social Security Card (Form SS-5) is used to apply for an original Social Security card, replace a card, or change or correct information on a Social Security record. A Social Security number is vital for tax purposes and is often required on various employment and legal documents.

In the landscape of employment in the U.S., these documents collectively help ensure that both employers and employees meet their obligations under law. While the I-9 form plays a foundational role in verifying eligibility for employment, the additional forms and documents each serve their specialized functions, contributing to the broader context of employment, taxation, and legal work authorization. Employers and employees alike benefit from understanding these documents, as they facilitate compliance, support accurate taxation, and enable the lawful hiring of a diverse workforce.

The USCIS I-9 form shares similarities with the W-4 form used by employers to determine the amount of federal income tax to withhold from employees' wages. Like the I-9, the W-4 is required from employees at the start of employment. Both forms are integral to the hiring process and ensure compliance with federal laws, albeit serving different purposes; the I-9 for employment eligibility verification and the W-4 for tax withholding status.

Another document akin to the I-9 form is the I-765, Application for Employment Authorization. This document is specifically for individuals who are not U.S. citizens or permanent residents but need permission to work legally in the United States. While the I-9 form verifies an employee's authorization to work, the I-765 is the application process for obtaining such authorization.

The DS-160, Online Nonimmigrant Visa Application, also has similarities to the I-9. Used by individuals seeking to travel to the United States on a temporary basis, it involves a vetting process that, like the I-9, requires personal identification and eligibility information. Both forms are critical to U.S. immigration processes, ensuring individuals meet specific criteria for their intended purposes.

The Social Security Number Application (SS-5) is related to the I-9 form in its fundamental requirement for employment in the United States. Obtaining a Social Security Number (SSN) is essential for payroll and tax purposes, akin to how the I-9 verifies eligibility to work in the U.S. Both forms are necessary steps for employment, with the SS-5 facilitating the assignment of a unique identifier for work and tax reasons.

The I-130, Petition for Alien Relative, while primarily a family reunification immigration form, shares the principle of verifying information for governmental approval, similar to the I-9's employment eligibility verification. The I-130 establishes a relative’s eligibility for immigration to the United States, a process of documentation and verification parallel to the employment eligibility process facilitated by the I-9.

Equal Employment Opportunity Commission (EEOC) self-identification forms, though not a requirement for all employers, have a complementary purpose to the I-9 in promoting fair treatment and compliance with federal employment laws. These forms collect demographic information voluntarily from employees to monitor compliance with employment laws related to discrimination, paralleling the I-9's role in enforcing fair hiring practices.

Lastly, the Driver’s License Application form, required for operating a vehicle in the U.S., necessitates the provision of personal identification and eligibility information, much like the I-9. While serving a different sector, both forms are crucial for legal compliance— one for employment, the other for driving. Each verifies the identity and eligibility of individuals for specific privileges.

The United States Citizenship and Immigration Services (USCIS) Form I-9 is a critical document for employers in the U.S. It's used to verify the identity and employment authorization of individuals hired for employment. When filling out this form, both employers and employees must adhere to specific guidelines to ensure compliance with immigration laws and regulations. Here is a list of dos and don'ts to consider.

Things You Should Do:

1. Review the form thoroughly before starting to fill it out to ensure you understand all the requirements.
2. Use the latest version of the Form I-9 available from the USCIS website to ensure compliance with current laws and regulations.
3. Provide accurate information to the best of your knowledge. Employees must ensure they accurately enter their personal and eligibility details, and employers should do the same during the verification process.
4. Use a black or blue pen if you're filling out the form on paper. This ensures the information is legible and durable over time.
5. Keep forms secure by storing them in a safe and confidential place, accessible only by authorized personnel.
6. Retain the form for the required period. Employers must retain completed I-9 forms for either three years after the date of hire or one year after employment ends, whichever is later.
7. Reverify employees when necessary. If an employee’s employment authorization or documentation of employment authorization expires, employers are responsible for re-verifying their eligibility to work in the United States.

Things You Shouldn't Do:

• Don't skip sections or leave fields blank. If a field is not applicable, mark it with N/A to indicate that it's not applicable.
• Don't use correction fluid or tape on the form. If you make a mistake, start over with a new form to ensure the document's integrity.
• Don't accept documents that appear to be fake or tampered with. Employers should examine the documents presented by the employee to determine whether they reasonably appear to be genuine and to relate to the individual presenting them.
• Don't discriminate against employees based on nationality or citizenship status. Employers should apply the same I-9 verification process to all employees, regardless of their background.
• Don't forget to sign and date the form. Both the employee and the employer sections must be signed and dated to attest to the accuracy of the information provided.
• Don't file Form I-9 with USCIS or the Department of Homeland Security. Employers should retain the form themselves and only present it if requested by an authorized government official.
• Don't ignore requests for updates or corrections from employees. If an employee's legal name changes or there is an error that needs to be corrected, timely updates are important for maintaining accurate records.

The USCIS I-9 form is an essential document for employers in the United States, designed to verify the identity and employment authorization of individuals hired for employment. Despite its importance, there are several misconceptions surrounding the I-9 form. This discussion aims to clarify some of these misunderstandings, providing accurate information for employers and employees.

• Misconception 1: Employers only need to complete I-9 forms for non-citizens.
  Many employers mistakenly believe that the I-9 form is only required for employees who are not citizens of the United States. In reality, the I-9 form must be completed for all employees, regardless of their citizenship status. This requirement ensures that all individuals working in the U.S. are authorized to do so, including U.S. citizens, permanent residents, and visa holders.

• Misconception 2: The I-9 form must be submitted to the government.
  Another common misunderstanding is that the completed I-9 form must be submitted to the United States Citizenship and Immigration Services (USCIS) or another government agency. However, employers should not submit the form to the USCIS. Instead, they are required to retain the completed forms for their records and make them available for inspection upon request by authorized government officials, such as officers from the Department of Homeland Security, Department of Labor, or the Office of Special Counsel for Immigration-Related Unfair Employment Practices.

• Misconception 3: Digital copies of I-9 documents are not acceptable.
  In today's digital age, some employers may believe that they are required to maintain physical copies of the I-9 forms and the documentation presented by employees. While employers must verify original documents in the presence of the employee, the regulations do allow for the copies of the I-9 form and accompanying documents to be stored electronically. This can be a convenient option for businesses looking to minimize paper records, provided the electronic system meets the regulatory requirements for document integrity, security, and accessibility.

• Misconception 4: The I-9 form can be completed at any time during the employment process.
  A final, pivotal misunderstanding is regarding the timing of when the I-9 form must be completed. Some employers might think that there is flexibility with timing. However, the law is specific: Section 1 of the I-9 form must be completed by the employee no later than their first day of work for pay. Employers are then required to complete Section 2 by verifying the employee's documentation within three business days of their start date. This strict timeline ensures prompt verification of an individual’s eligibility to work in the United States.

Addressing these misconceptions is vital for maintaining compliance with U.S. employment laws and avoiding potential penalties. Employers are encouraged to familiarize themselves with the requirements of the I-9 form and to review their practices regularly to ensure they are in alignment with federal regulations.

The USCIS I-9 form is a critical document for employers and employees in the United States, ensuring proper authorization for employment. Understanding its requirements and nuances is essential. Here are ten key takeaways for filling out and using the USCIS I-9 form effectively:

1. Every employee hired after November 6, 1986, must complete an I-9 form at the time of hire. This applies to both citizens and noncitizens working in the United States.
2. Employers are responsible for ensuring the form is completed promptly. Section 1 must be filled out by the employee by the first day of employment, and Section 2 must be completed by the employer within three business days of the employee's start date.
3. Documentation is key. Employees must present one document from List A or a combination of one document from List B and one from List C. These documents prove identity and employment authorization.
4. The I-9 form does not need to be submitted to USCIS but must be retained by the employer. Employers should keep the completed forms for three years after the date of hire or one year after employment ends, whichever is later.
5. In case of an audit, the Department of Homeland Security, Department of Labor, or Office of Special Counsel for Immigration-Related Unfair Employment Practices may request to inspect an employer's I-9 forms.
6. It is crucial to use the most current I-9 form. USCIS periodically updates the form, so employers should verify they are using the version with the most recent revision date.
7. Digital completion and storage of the I-9 forms are permitted, provided the system used meets regulatory requirements for document integrity, security, and accessibility.
8. Employers must not discriminate against employees in the I-9 process based on their citizenship, immigration status, or national origin. This includes refraining from demanding specific documents from employees.
9. Corrections to the I-9 form should be made by drawing a line through the incorrect information, entering the correct information, and initialing and dating the correction.
10. Reverification of employment authorization is required for employees whose employment authorization or documentation of employment authorization has expired. Employers must reverify on Section 3 of the original I-9 form or by completing a new I-9 form.