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The USCIS I-9 form plays a critical role in the employment verification process in the United States. Employers use this form to confirm the identity and work eligibility of their employees, ensuring compliance with federal immigration laws. The I-9 form consists of several sections that require both the employer and employee to provide specific information. Employees must present valid documentation that proves their identity and authorization to work in the country, which can include a U.S. passport, a driver's license, or a Social Security card, among others. Employers are responsible for reviewing these documents and completing their portion of the form, which includes details about the employee's start date and the documents presented. It is essential for employers to retain the completed I-9 forms for a designated period and to make them available for inspection by authorized government officials when requested. Understanding the nuances of the I-9 form is vital for both employers and employees, as failing to comply with its requirements can lead to significant penalties and complications in the hiring process.

Dos and Don'ts

When filling out the USCIS I-9 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are some important dos and don'ts to consider:

  • Do provide accurate information. Ensure that all personal details, such as name, address, and date of birth, are correct.
  • Do complete the form in a timely manner. The I-9 form must be filled out within three days of starting employment.
  • Do present valid identification. Employees must provide appropriate documents that verify their identity and employment eligibility.
  • Do sign and date the form. Both the employee and employer must sign to confirm the information is true and complete.
  • Don't leave any sections blank. Incomplete forms can lead to delays or issues with employment verification.
  • Don't use outdated versions of the form. Always ensure you are using the most current I-9 form available on the USCIS website.

Key takeaways

Filling out the USCIS I-9 form is an essential process for employers and employees in the United States. Here are some key takeaways to keep in mind:

  1. Purpose of the I-9 Form: The I-9 form verifies an employee's identity and eligibility to work in the U.S.
  2. Who Needs to Fill It Out: Both employees and employers must complete the form. Employees fill out Section 1, while employers complete Section 2.
  3. Timing is Crucial: The form must be completed within three days of the employee’s start date.
  4. Acceptable Documents: Employees must provide documents that establish identity and work authorization. The list of acceptable documents is available on the USCIS website.
  5. Keep it Updated: If an employee’s work authorization changes, a new I-9 form must be filled out.
  6. Record Keeping: Employers should retain completed I-9 forms for three years after the hire date or one year after employment ends, whichever is longer.
  7. Electronic Forms: Employers can use electronic I-9 forms, but they must comply with all regulations regarding electronic signatures and storage.
  8. Training is Important: Employers should train staff on how to properly complete and review the I-9 form to avoid mistakes.
  9. Audits Can Happen: Be prepared for potential audits by the Department of Homeland Security, which may review your I-9 records.
  10. Penalties for Non-Compliance: Failing to complete the I-9 form correctly can lead to fines and legal issues for employers.

Understanding these key points will help ensure compliance with the I-9 requirements and promote a smoother hiring process.

Guide to Writing USCIS I-9

Completing the USCIS I-9 form is an important step for employers and employees alike. This form helps verify the identity and employment authorization of individuals hired for work in the United States. After filling out the form, it must be retained by the employer for a specific period and made available for inspection by authorized officials.

  1. Obtain the I-9 form from the USCIS website or your employer.
  2. Fill out Section 1 of the form. This section requires personal information such as your name, address, date of birth, and Social Security number.
  3. Indicate your citizenship or immigration status by selecting the appropriate box in Section 1.
  4. Sign and date Section 1. This certifies that the information provided is true and accurate.
  5. Instruct your employer to complete Section 2 within three business days of your start date. They will need to review your identification documents.
  6. Provide the required documents to your employer. Acceptable documents include a U.S. passport, a permanent resident card, or a combination of other documents listed on the form.
  7. Ensure your employer completes Section 2 by entering the document information and signing the form.
  8. Keep a copy of the completed form for your records, if applicable.

Frequently Asked Questions

  1. What is the USCIS I-9 form?

    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 hired after November 6, 1986. This form verifies the identity and employment authorization of individuals hired for employment in the U.S.

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

    All employers must complete the I-9 form for every new employee, regardless of their citizenship or immigration status. This includes full-time, part-time, and temporary employees. It is essential for ensuring that all employees are legally authorized to work in the United States.

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

    The I-9 form must be completed within three days of the employee's start date. Employers should ensure that the form is filled out accurately and in a timely manner to comply with federal regulations.

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

    Employees must present valid documentation that establishes both their identity and their employment authorization. The documents are categorized into three lists:

    • List A: Documents that establish both identity and employment authorization, such as a U.S. passport.
    • List B: Documents that establish identity, such as a driver's license.
    • List C: Documents that establish employment authorization, such as a Social Security card.

    Employees can choose to provide documents from List A or a combination of one document from List B and one from List C.

  5. What happens if an employee does not have the required documents?

    If an employee cannot provide the necessary documents, they may not be eligible for employment. Employers should not discriminate against individuals based on their appearance or perceived immigration status. It is crucial to treat all applicants fairly and consistently.

  6. How long must employers retain the I-9 form?

    Employers are required to retain the I-9 form for three years after the date of hire or for one year after the employee's termination, whichever is later. It is important to keep these forms organized and accessible for inspection by authorized government officials.

  7. What are the penalties for non-compliance?

    Employers who fail to complete the I-9 form correctly or do not maintain the required records may face civil penalties. These can vary based on the severity of the violation. In some cases, employers may also face criminal penalties for knowingly hiring unauthorized workers.

  8. Can an employee correct mistakes on the I-9 form?

    Yes, if an employee notices errors on their I-9 form, they should inform their employer immediately. The employer can then make the necessary corrections. It is important that all information on the form is accurate to avoid complications in the future.

  9. Where can I find the I-9 form?

    The I-9 form can be obtained from the U.S. Citizenship and Immigration Services (USCIS) website. It is available for download in PDF format, and employers should ensure they are using the most current version of the form to remain compliant with regulations.

Similar forms

The USCIS I-9 form is similar to the W-4 form, which is used by employees to indicate their tax withholding preferences. Both forms are essential for employment processes, but while the I-9 focuses on verifying identity and work authorization, the W-4 helps employers determine the correct amount of federal income tax to withhold from an employee's paycheck. Accurate completion of both forms is crucial for compliance with federal regulations and for ensuring proper tax withholding and employment eligibility.

The Employment Eligibility Verification (EEV) form is another document akin to the I-9. The EEV serves a similar purpose in verifying an employee's eligibility to work in the United States. Like the I-9, it requires the collection of specific identification documents and personal information. However, the EEV is often used in specific industries or for particular employment types, highlighting the importance of compliance across various sectors.

In the realm of property transactions, understanding essential agreements is vital; for instance, the Real Estate Sales Agreement serves as a formal document delineating the responsibilities and rights of buyers and sellers in Texas, ensuring all parties are aligned before finalizing a deal. Just as with employment verification forms, this agreement plays a crucial role in securing a transparent process and establishing clear expectations for all involved.

The Form 1099 is also comparable to the I-9, as both documents are integral to the employment relationship. The 1099 form is utilized to report income paid to independent contractors or freelancers, while the I-9 verifies the employment eligibility of employees. Both forms require accurate information to ensure compliance with IRS regulations, but they address different employment classifications and tax obligations.

The Federal Form 8850, which is used for the Work Opportunity Tax Credit (WOTC), shares similarities with the I-9. Both forms aim to facilitate the employment process and require specific information about the employee. The 8850 form is designed to determine eligibility for tax credits based on hiring individuals from certain target groups, while the I-9 focuses on verifying identity and work authorization. Both documents are essential for ensuring compliance with federal employment laws.

The Form I-797, Notice of Action, can also be compared to the I-9 form. While the I-9 is used for employment verification, the I-797 serves as a communication tool from USCIS regarding immigration benefits, including work authorization. Both documents require careful handling and accurate information, as they play critical roles in employment and immigration processes.

The Labor Condition Application (LCA) is another document related to the I-9. Used primarily by employers seeking to hire foreign workers on H-1B visas, the LCA ensures that hiring complies with labor laws and wage standards. Similar to the I-9, the LCA requires detailed information about the employee and the job position. Both documents are essential for maintaining legal employment practices in the U.S.

Lastly, the Form I-551, also known as the Permanent Resident Card, is comparable to the I-9 in that it serves as proof of eligibility to work in the United States. The I-551 is an official document issued to lawful permanent residents, while the I-9 is used to verify the identity and work authorization of employees. Both documents are critical for ensuring that individuals have the legal right to work in the country.

Documents used along the form

The USCIS I-9 form is a crucial document used to verify an employee's identity and eligibility to work in the United States. Alongside the I-9, several other forms and documents may be necessary to ensure compliance with employment laws and regulations. The following list outlines some of these commonly used forms and documents.

  • Form W-4: This form is used by employees to indicate their tax situation to their employer. It helps determine the amount of federal income tax to withhold from an employee's paycheck.
  • Form I-797: This is a notice of action issued by USCIS. It serves as proof of approval for various immigration benefits, such as work visas or green cards.
  • Form E-Verify: This is an online system that employers can use to confirm an employee's eligibility to work in the U.S. It compares information from the I-9 form to government records.
  • Form 1099: This document is used for reporting income received by independent contractors and freelancers. It is essential for tax purposes and must be issued by employers who pay these workers.
  • Form I-20: Issued to international students, this form certifies that a student is eligible for a specific program of study in the U.S. It is necessary for obtaining a student visa.
  • Form DS-2019: This form is for individuals participating in the Exchange Visitor Program. It is required for obtaining a J-1 visa, allowing them to work and study in the U.S.
  • Employment Agreement: This document outlines the terms and conditions of employment, including job responsibilities, salary, and benefits. It serves as a legal contract between the employer and employee.
  • Maryland Medical Power of Attorney Form: For individuals preparing for future health care decisions, the Maryland medical power of attorney documentation guide ensures your health care preferences are respected.
  • State-Specific Employment Forms: Many states require additional forms for tax withholding or compliance with state labor laws. These forms vary by state and should be completed alongside the I-9.

Each of these documents plays a significant role in the employment process, ensuring that both employers and employees fulfill their legal obligations. Understanding these forms can streamline the hiring process and promote a compliant workplace environment.

Misconceptions

The USCIS I-9 form is essential for verifying the identity and employment authorization of individuals hired for employment in the United States. However, several misconceptions exist regarding its use and requirements. Here are six common misconceptions:

  1. The I-9 form is only for new employees.

    Many believe that the I-9 form is required only for new hires. In reality, it is necessary for all employees, regardless of their start date, as long as they are working in the U.S.

  2. Employers can complete the I-9 form at any time.

    Some think that employers can complete the I-9 form whenever they choose. However, the form must be completed within three days of the employee’s start date to comply with regulations.

  3. Only U.S. citizens need to fill out the I-9 form.

    This misconception suggests that only U.S. citizens are required to complete the form. In fact, all employees, including non-citizens, must complete the I-9 to verify their eligibility to work.

  4. Once the I-9 form is completed, it is no longer needed.

    Some individuals believe that once the I-9 form is filled out, it can be discarded. In truth, employers must retain the I-9 form for a specific period, typically three years after the hire date or one year after employment ends, whichever is longer.

  5. Any document can be used to verify identity and employment eligibility.

    It is a common belief that any form of identification is acceptable for the I-9. However, the form specifies a list of acceptable documents, which must be presented to verify identity and employment eligibility.

  6. The I-9 form is the same as a tax form.

    Some people confuse the I-9 with tax-related forms, such as the W-2 or W-4. The I-9 is specifically for employment eligibility verification and is separate from tax documentation.