Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States.
As an employer in the US, you're legally required to complete and retain Form I-9, Employment Eligibility Verification, for each employee hired after November 6, 1986, verifying their identity and employment authorization.
Here's a breakdown of the key I-9 requirements for employers:
- Timely Completion:
- Employee: Employees must complete Section 1 of Form I-9 no later than their first day of employment.
- Employer: Employers must complete Section 2 of Form I-9 within 3 business days of the employee's hire date (first day of work for pay), or within 72 hours after employment commences.
- Short-Term Employment: If the job lasts less than 3 days, Section 2 must be completed no later than the first day of work for pay.
- Acceptable Documents: Employers must accept original documents that reasonably appear to be genuine and relate to the individual presenting the document.
- List A Documents: Documents that establish both identity and employment authorization (e.g., U.S. passport, Permanent Resident Card).
- List B Documents: Documents that establish identity (e.g., driver's license, state ID card).
- List C Documents: Documents that establish employment authorization (e.g., Social Security card, Employment Authorization Document).
- No Discrimination: Employers cannot request more documents than required or discriminate based on citizenship or immigration status.
- No Notarization: The I-9 form itself does not require notarization.
- Retention Period: Employers must retain completed Form I-9s for three years after the date of hire or one year after the date of employment termination, whichever is later.
- Storage: Employers must keep the original, signed Form I-9.
- Electronic Storage: Employers may scan and store Form I-9s electronically, but the original, signed forms must be retained until the retention period is met.
- No Mailing to USCIS: Never mail Forms I-9 to USCIS or U.S. Immigration and Customs Enforcement.
3. Authorized Representatives:
- Employers can designate authorized representatives to complete Section 2 of Form I-9 on their behalf.
- Examples of authorized representatives include personnel officers, foremen, or agents.
- Authorized representatives must carry out the employer duties described in the handbook accompanying Section 2 or Supplement B.
Print Page