The USCIS Form I-9 is a legal instrument, comprising information about an employer and an employee, which should be created by both parties when an individual is being hired for a job position in the United States. The paper serves to verify the identity and employment eligibility of the recruitee.
An individual must submit acceptable documents listed at the end of the form (according to their preference). If all of them are valid, even though they have a future expiration date, the refusal to hire an employee will be viewed as illegal discrimination.
Spanish-speaking citizens may obtain the form, as well as the attached instructions, in Spanish (will be accepted in the territory of Puerto Rico only).
The document consists of three sections, the first of which has to be completed by an employee. An “employee” is someone who performs labor for wages or salary, excluding volunteers, independent constructors, and domestic helpers.
Employers are liable for providing appropriate information in the other two Sections. If any errors are found in Form I-9, the employer can be fined.
You may wish to fill out the form electronically, on paper, or both. To ensure the best result, use our form-building software and create your customized Form I-9. Critical: deliberate submission of false and misleading data may lead to criminal prosecution.
Provide Essential Data
An individual who has agreed to perform specific services for a recruiter has to complete this Section not later than on the first working day (neither prior to accepting a job offer). You should initially provide essential personal data:
Verify Your Citizenship or Immigration Status
The next step will be establishing your citizenship or immigration status. A person should select an appropriate statement and check the corresponding box out of the following four:
Being an alien allowed to work, you have to indicate the expiration date and provide one of the certain document IDs mentioned therein. The employer cannot insist on gathering the papers from which you supplied this information.
Once all the data has been input, an employee must append their signature and date the paper. If you are unable to sign the paper due to any kind of physical incompetence, place a mark in the appropriate field.
A preparer or translator who has helped you while completing Section 1 will need to identify themselves as well. It is required to indicate the translator’s last name, first name, mailing address, city or town, state, and ZIP code. Then, this part must be signed and dated.
If the recruitee did not use a preparer or translator, they need to check the corresponding box and leave this part unfilled.
Either the recruiter or their legal representative has to fill out Section 2 not later than after three working days after the recruitee’s first day of employment. You also carry the responsibility for examining the verification documents attached by the individual accepted for work.
The documents from Lists A-C, which will be described herein, have to be delivered to the employer within three business days of starting work for pay. If the papers appear to be assessed as ingenuine, you must provide the recruitee with an opportunity to present other documentation.
Filling Out Employee’s Personal Info
First, enter the employee’s last, first, and middle names, exactly as submitted in Section 1, and then follow up with the indicated citizenship or immigration status. This has to be done to ensure that the two sheets of the form retain together.
Entering the Work-Authorizing Documents
Inspect the unexpired papers delivered by the recruitee in their presence and proceed to fill out details about them. Individuals under 18 or invalid employees whose parent or authorized representative has completed the first Section of Form I-9 will need to provide only an employment authorization document from List C.
If you are recruiting a student, certain additional documentation might be needed.
Each of the papers given must be original (employers may want to make photocopies).
To declare that the recruitee’s documents have been examined and found acceptable and unexpired, the company’s representative dates and signs the form. They also have to title themselves, indicate last and first names, and name the entity and its address (including city or town, state, and ZIP code).
The third Section of Form I-9 is applicable in the case of reverification or rehires.
Begin with inserting the worker’s last and first names and the middle initial.
Reverification and Rehires
The employer should fill out this part of Section 3 before the expiration date (if any) of the employment authorization provided in Section 1 or the papers from Lists A and C mentioned in Section 2. Documents from List B do not have to be reverified. You rehire a worker every three calendar years after the Form I-9 is initially executed.
If the recruitee has acquired a new name, insert the information of current interest. Establish the date of rehire, if applicable, and the title and number of the document that grants the recruitee a continuous employment authorization, along with the new expiration date.
Then, you have to provide your name, signature, and the date the paper becomes effective to confirm that the employee’s documents you have reviewed are authentic and genuine.
The form has to be available for the US government inspection.