The USCIS I-9 form, officially known as the Employment Eligibility Verification form, is a document that employers in the United States must complete for each employee they hire. Its primary purpose is to verify the identity and employment authorization of individuals who are eligible to work in the U.S. Both employers and employees have responsibilities when filling out this form, which helps ensure compliance with immigration laws.
Every employer must complete the I-9 form for each employee they hire, regardless of the employee's citizenship status. This includes full-time, part-time, and temporary workers. Employees must also fill out their section of the form, providing information about their identity and work authorization.
Employees must provide documentation that proves both their identity and their eligibility to work in the U.S. The I-9 form has three lists of acceptable documents:
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List A:
Documents that prove both identity and employment authorization, such as a U.S. passport or a Permanent Resident Card.
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List B:
Documents that prove identity only, such as a driver’s license or state ID card.
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List C:
Documents that prove employment authorization only, such as a Social Security card or birth certificate.
Employees must present either one document from List A or one document from List B and one from List C.
The I-9 form should be completed as soon as possible after an employee is hired. Specifically, it must be filled out within three days of the employee's start date. This timeline ensures that employers are compliant with federal regulations regarding employment verification.
If the I-9 form is not completed correctly, employers may face penalties. These can include fines and potential legal issues, especially if the employer is found to be knowingly hiring unauthorized workers. It's essential to ensure that all sections of the form are filled out accurately and that the appropriate documents are reviewed.
Employers must retain the I-9 form for a specific period. The form should be kept for three years after the date of hire or for one year after the employee's termination, whichever is longer. This retention policy allows for compliance with audits and inspections by immigration officials.
Can an employee be denied a job for not providing the I-9 documentation?
Yes, if an employee fails to provide the necessary documentation for the I-9 form, the employer cannot legally hire them. Employers are required to verify an employee's eligibility to work in the U.S., and without the proper documentation, the employer cannot complete the I-9 process.
The I-9 form is available on the U.S. Citizenship and Immigration Services (USCIS) website. You can download the form and instructions for free. It's important to use the most current version of the form to ensure compliance with the latest regulations.