USCIS Form I-9 Employment Eligibility Verification

How to Fill Out Form I-9?

You are required to provide the following information on the Employment Eligibility Verification Form:

1. Employee information and attestation. The employee must complete each field in this section no later than the first day of employment. Enter your full name, address, date of birth, social security number, email address, and telephone number. Indicate your citizenship and immigration status. Add your alien registration number, Form I-94 (Arrival/Departure Record) number, or a foreign passport number. Sign the form and write down the actual date. If the form was completed by a translator or another individual, this person must also sign the form and provide their personal details. The preparer also certifies the statements are true and accurate;
2. Employer or authorized representative review and verification. This part of the I-9 Form is for the employer - complete it within three business days of the employee's first day of employment. Confirm the personal details of the employee. Describe the documents the employee presented to you for identification and employment authorization. Enter their titles, numbers, issuing authorities, and expiration dates. State the date of the employee's first day of employment, name the employer and provide the employer's address, identify the individual who filled out the form, and sign the papers;
3. Reverification and rehires. This section is filled out by an employer if any of the documents the employee presented have expired, the employee had a legal name change, or the employee is rehired within three years from the date that the I-9 Form was previously completed. If applicable, write down the new name of the employee, the date of rehire, and record the details of the document the employee presents to reverify the employment authorization. Sign the form and state the date once you fill out all the required fields.

The last page of the form contains the list of acceptable documents - they establish identity, employment authorization, and have a dual function (for instance, a U.S. passport and permanent resident card). The employee has the right to choose the documents to be presented, and the employer cannot influence this choice. An employee has the right to present one document that serves both functions or a combination of documents. Within three business days of starting work, the employee must present documentation to the employer who is then able to complete Section 2 of USCIS Form I-9. The employer must examine the documents and decide whether they reasonably appear to be genuine.

Where to File Form I-9?

Form I-9 is not submitted to the USCIS or any other government agency. It is to be retained by the employer and be available for inspection by government officials. This form serves as the basis for determining the eligibility of the employee to work in the U.S. As long as the employee works for the company, an authorized official of the DHS, Civil Rights Division, Department of Labor, and the Department of Justice can inspect the form, so keep this form as long as you employ the individuals these forms relate to.

The number of on-site inspections and I-9 audits is ever increasing, so make sure you comply with the legal requirement to fill out Form I-9. Failure to prepare and maintain proper documentation may subject the employer to civil and criminal penalties.