U.S. employers have to complete an I-9 form to verify the identity and authorization to work of individuals they hire. The form has to be filled out for both, US citizens and non-citizens. This blog post will summarize who needs to complete what information and what documents the employee has to present to the employer.
What information has to be completed by whom?
The form basically consists of 2 sections: Section 1 is filled out by the employee, and Section 2 is filled out by the employer.
The employee will have to fill out information such as name, address, SSN, email address, and phone number. The employee will also have to attest under penalty of perjury that he/she is a U.S. citizen, U.S. national, a green card holder, or that he/she has an authorization to work in the U.S. If the person has an authorization to work in the U.S. (e.g. is here on a non-immigrant visa). In such case, the employee will have to complete either an A-number, I-94 number, or foreign passport number.
The employee will also need to submit document(s) verifying his/her identity and authorization to work to the employer. The employee can either submit one document from List A or a document from list B and List C.
List A lists documents are:
- S. passport
- Green Card
- I-551 stamp
- Employment Authorization card
- Foreign passport and form I-94 for non-immigrant visa holders
- Passport from the Federal State of Micronesia or the Republic of Marshall Islands with I-94
List B documents that confirm your identity include documents such as for example:
- Driver’s license issued by a State or outlying territory of the U.S. containing a photo or information such as name, DOB, gender, height, eye color, and address
- ID card issued by federal, state, or local government agencies or entities containing photo or information such as name, DOB, gender, height, eye color, and address
- Voter registration card, or
- US military card
- among others
List C documents that confirm your eligibility to work include documents such as for example:
- S. Social Security Card (the card cannot contain the following wording: (i) NOT VALID FOR EMPLOYMENT,(ii) VALID FOR WORK ONLY WITH INS AUTHORIZATION, (iii) VALID FOR WORK ONLY WITH DHS AUTHORIZATION).
- Consular Report of Birth Abroad
- Certification of Birth Abroad, or
- S. birth certificate
- among others
When does the I-9 form need to be completed?
Employers must complete Form I-9 for every new employee they hire. The employee has to present the document from list A or documents from list B and C to the employer within 3 business days of starting work. Please note that employers cannot tell employees which document(s) to submit. The employer will make photocopies of the documents the employee presented and will return the originals to the employee.
Do employers have to mail in the I-9 form to USCIS?
No. The I-9 forms don’t need to be mailed in anywhere. Each employer should create a folder with I-9s of all employees in case there is an inspection. Employers must retain form I-9 for each person they hired for a period of 3 years after the date of hire or one year after the employment is ended (whichever is later).
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