What Is Form I-9?
You’ll use Form I-9, Employment Eligibility Verification, to confirm an employee’s US work authorization during the hiring process. The United States Citizenship and Immigration Services (USCIS) asks employers to fully complete the form no more than three business days after the worker’s employment begins. Both the employer and the employee complete a section in the form. After filling in the requested info, the employer checks the new employee’s documents to confirm their eligibility.
You can complete the form in person or remotely. E-verification tools can expedite the process for remote employees, bypassing the need for traditional physical inspection. Form I-9 helps US employers confirm they’re hiring employees who are eligible to work in the US. This is important to avoid penalties and fines.
Planning to use a vendor or contractor to support your business activities? Make sure you collect their tax information using the W-9 Form.
How To Fill Out Form I-9
Filling out form I-9 is much easier than you would think. This step-by-step guide helps simplify the process and gives you the confidence to complete the form effortlessly.
1. Obtain the Employee’s Information
Start by giving your employee a copy of Form I-9 and its instructions. Ask them to complete Section 1 with their name, address and contact details, Social Security number, and current citizenship or immigration status. They then sign and date Section 1.
Employers generally provide the form to employees during the hiring process or immediately after hiring. Workers may need some time to gather their documentation, so it’s a good idea to share the form before their first day.
Try including Form I-9 with a new worker’s job offer letter or employment contract.
2. Verify the Employee’s Documents
Section 2 asks you or an authorized representative to examine your new employee’s identity and work authorization documents. You’ll list the documents reviewed, along with the issuing authority and expiration date.
Using an e-verification tool streamlines the documentation review process. It’s especially useful if you plan on hiring remote workers.
Acceptable documentation includes one item from List A or one document from List B and C. If the documentation appears genuine, relates to the worker, and is not expired, you can accept it. Employers can only approve actual documents, not photocopies. The only exception is for certified copies of a worker’s birth certificate.
3. Retain Form I-9
Once you and your employee complete and sign the form, you’ll keep it for your records.
Plan on saving Form I-9 for as long as your new team member works for you. Once an employee leaves the job, you should retain it for an additional year or up to three years after their first day of employment, whichever is longer.
4. Reverify an Employee’s Work Authorization
Employers may need to reverify an employee’s work authorization on Supplement B if their documentation expires. Re-verification applies only to individuals with temporary work authorization, not US citizens or permanent residents.
Keep a schedule of expiring work authorizations so you know when it’s time to reverify a Form I-9.
The USCIS suggests notifying employees at least 90 days before their work authorization expires so they have time to obtain new documents.
If you rehire an employee within three years of their initial hiring date, you may use Supplement B to reverify employment eligibility.
5. Store Form I-9 Securely
Once you finish the I-9 process, be sure to save a digital or paper copy for your records. You’ll need it if the USCIS or a law enforcement agency asks to see it.
Legal Templates offers a hassle-free alternative to save and store documents. Use our editor to complete Form I-9, then print or save it electronically for compliance.
Documents Required for Form I-9
To verify work eligibility, employees must present documentation from the USCIS-approved lists. There are two ways to do so:
- Provide one document from List A (such as a US passport or Permanent Resident Card)
or, - Share one document from List B and another from List C (such as a state-issued ID card and a Social Security card)
Documents from Lists A, B, and C include:
List A
List A documents prove an individual’s identity and US work authorization.
- US passport or US passport card
- Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
- Foreign passport containing a temporary I-551 stamp
- Temporary I-551 stamp or notation on an immigrant visa
- Employment Authorization Document (Form I-766) including a photograph
- Foreign passport and Form I-94 or Form I-94A that confirms an individual’s immigration status and doesn’t violate any restrictions or limitations of the form.
List B
List B documents establish your employee’s identity.
- State-issued driver’s license or ID card, or such license or ID from a US territory or possession
- Federal, state, or locally issued ID card containing a photograph or personal information such as name, birthday, gender, height, eye color, and address.
- School ID that includes a photograph
- Voter’s registration card
- US military ID or draft record
- Native American tribal document
- Military dependent ID card
- US Coast Guard Merchant Mariner Card
- Driver’s license from a Canadian governmental authority
If an employee is under the age of 18 and doesn’t have any of the above identity documents, they may provide school or medical records, such as a report card or hospital record.
List C
Documents from List C prove a new employee’s eligibility to work within the US.
- A Social Security card, as long as it doesn’t contain any employment or work restrictions
- Birth certificate issued by the Department of State
- Original or certified copy of a birth certificate from a state, county, municipal authority, or US territory containing an official seal
- Native American tribal document
- US Citizen ID card (Form I-197)
- Form I-179, Identification Card for Use of Resident Citizen in the US
- Employment authorization document issued by the Department of Homeland Security
Along with the above documents, employees can use options like a Certification of Birth Abroad, a certified birth certificate, or an employment authorization document. For those under 18, school or medical records are also acceptable. Just make sure all documents are from the approved USCIS list and are genuine and unexpired.
When to Use E-Verification Tools
The USCIS allows employers to use approved e-verification tools to confirm a new employee’s identification and work authorization documents.
The agency’s E-Verify tool eliminates the hassle of checking a worker’s documents in person and is an excellent option for on-site or remote employees. E-verification tools also create a paper trail, which is helpful if your company ever needs to substantiate its I-9 compliance activities.
Penalties for Non-Compliance
Complying with Form I-9 rules protects your business and ensures a smooth hiring process. That can help you avoid unwanted issues such as:
- Civil fines
- Criminal charges (if there’s a pattern of failing to collect Form I-9s)
- Debarment from federal contracts
The Department of Homeland Security (DHS) oversees penalties for I-9 violations. Fines or criminal charges vary based on the severity of the violation, the business’s good faith, and other factors.
If the federal government finds technical errors in any Form I-9s, it may grant the business up to 10 days to make corrections and become fully compliant.
Establishing a straightforward process in your workplace to handle tax forms means you won’t have to worry about unnecessary fines and penalties.
Anti-Discrimination Protections Related to Form I-9
The USCIS takes discrimination laws seriously, particularly concerning Form I-9. Activities that may break regulations include:
- Asking an employee for extra documents besides what’s listed on Form I-9
- Using a worker’s I-9 documentation in a hiring, firing, or recruitment decision
- Discriminating against an employee based on their immigration status, citizenship, or natural origin
For example, requiring new employees to supply two List A documents might be discriminatory. The USCIS asks for only one List A document and gives employees the alternative of supplying evidence from Lists B and C.
Form I-9 Checklist
Employers can use this checklist as guidance to establish a formal in-house process:
1. Send out your employment offer.
2. Provide the employee with a Form I-9 to complete.
3. Ask the new employee to complete Section 1 by the first day of work and submit appropriate documents from List A or Lists B and C.
4. Review documents and complete the remainder of the form no later than the third business day of the worker’s employment.
5. Retain the form and update it if an employee’s work authorization expires.
Legal Considerations
Understanding Form I-9 requirements is essential for compliance, but you don’t have to navigate it alone. Legal Templates makes it easy to manage the process while providing peace of mind. You can use our digital Form I-9 and save an electronic or paper copy for your personnel records.
If you have any special concerns about this form or other hiring-related questions, be sure to consult a legal professional for tailored advice.
Frequently Asked Questions
Who Needs To Complete Form I-9?
Every US employer must complete Form I-9 for each employee they hire to work in the United States. Both the employer and employee have roles to play in filling out the form.
What Happens if an Employee Does Not Complete Form I-9?
The USCIS expects employees to complete Form I-9 before starting a new job. If a new hire doesn’t complete the form, consider delaying their job start date. That will give them time to gather documentation needed to prove their identity and work eligibility.
When Should Employees Complete Section 1 of Form I-9?
An employee may complete Section 1 of Form I-9 by their first day of employment or any time after receiving a job offer.
Can an Employer Ask for Additional Documents Beyond What Form I-9 Requires?
No, employers can’t ask for additional documents beyond Form I-9 requirements. The employee can choose the documents they wish to present so long as they’re included on the List of Acceptable Documents. Asking for documents outside the form’s scope may violate discrimination laws.
Do I Need to Complete Supplement A or B?
Anyone who helps an employee prepare or translate their I-9 Form may complete Supplement A. The supplementary form shares their name, signature, and contact information. US employers who rehire an employee or reverify expired documents may use Supplement B rather than completing a brand-new I-9.
