Free USCIS I-9 PDF Template

1. What is the purpose of the USCIS I-9 form?

   The USCIS I-9 form, known as the Employment Eligibility Verification Form, is used to verify the identity and legal authorization to work of all paid employees in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States.

2. Who needs to complete the I-9 form?

   Every employee hired after November 6, 1986, working in the United States must complete the I-9 form. This includes both citizens and noncitizens. As for employers, they are required to complete and retain a Form I-9 for each person they hire.

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

   The I-9 form should be completed within three days of the employee's first day of work for pay. Specifically, Section 1 of the form must be filled out by the end of the employee's first day of employment, and Section 2 should be completed within three business days after the employee begins work for pay.

4. What documents are needed to complete the I-9 form?

   Employees need to provide documentation that establishes both identity and employment authorization. These documents are divided into three lists: List A (documents that establish both identity and employment authorization), List B (documents that establish identity only), and List C (documents that establish employment authorization only). Employees should provide one document from List A, or one document from each of List B and List C.

5. How long must employers retain the I-9 forms?

   Employers are required to retain I-9 forms for a certain period after an employee leaves. The retention period is either three years after the date of hire or one year after the date the employment ends, whichever is later.

6. Can the I-9 form be completed electronically?

   Yes, the I-9 form can be completed electronically, in compliance with the guidelines provided by USCIS. It's important that the electronic system used for completing the I-9 meets certain requirements regarding the integrity, verification, and storage of forms.

7. What happens if an employee cannot provide the required documents?

   If an employee is unable to present the required document(s) within three business days of starting work for pay, they must present a receipt showing that they have applied for the document(s). They then must present the actual document(s) within a specific timeframe. In some cases, an extension may be granted.

8. Are there penalties for not complying with I-9 requirements?

   Yes, failure to comply with I-9 verification requirements can result in penalties. Employers may face civil fines and, in severe cases, criminal penalties if they knowingly hire or continue to employ unauthorized workers.

9. What changes were made to the I-9 form in the latest update?

   To stay current, it's critical to consult the USCIS website or a legal advisor for the most recent changes. The USCIS regularly updates the I-9 form and its instructions to reflect changes in legislation or employment practices.

10. How can employers verify the authenticity of documents presented?

    Employers are expected to examine the documents presented by the employee to determine if they reasonably appear to be genuine and relate to the person presenting them. Employers are not required to be document experts. However, if documents presented are clearly fake or do not belong to the employee, they should not be accepted.

Filling out the United States Citizenship and Immigration Services (USCIS) I-9 form is a critical step for employers to verify the identity and employment authorization of their employees. However, errors can easily occur during this process. Below are five common mistakes people often make when completing the I-9 form:

1. Not completing the form on time: Employers and their new hires sometimes miss the deadlines for completing the I-9 form. The employee is required to fill out Section 1 by their first day of employment, and the employer must complete Section 2 within three business days of the employee’s start date.

2. Using an outdated form: The USCIS periodically updates the I-9 form, and employers might mistakenly use an outdated version. It's crucial to always use the most current form available on the USCIS website.

3. Making corrections improperly: When errors are made on the form, some may attempt to use correction fluid or make corrections that are not clear. The correct way to make changes is to strike through the incorrect information, enter the correct information, and initial and date the change.

4. Failing to verify documents properly: A common mistake is not properly examining the documents that employees present for verification or accepting documents that do not meet the requirements. Employers must physically examine each document to determine if it reasonably appears to be genuine and relates to the employee presenting it.

5. Not keeping records according to requirements: Employers often forget that the I-9 forms must be retained for a certain period—either three years after the date of hire or one year after employment ends, whichever is later. Additionally, forms must be stored securely and presented for inspection upon request by authorized government officials.

Avoiding these mistakes is crucial for compliance with employment and immigration laws in the United States. Proper attention to detail and adherence to the rules set forth by the USCIS can help avoid legal complications and fines.

The USCIS I-9 form is critical for verifying the identity and employment authorization of individuals hired for employment in the United States. However, it's one piece of a puzzle in a broader documentation process. Employers and employees must often handle various forms and documents alongside the I-9 to ensure full compliance with immigration and employment regulations. Here are seven key documents often used in conjunction with the I-9 form.

• Passport: A passport serves as proof of identity and citizenship. It's one of the documents employees can present if they choose from List A in the I-9's List of Acceptable Documents.
• Social Security Card: This card is mostly used to verify an employee's Social Security Number (SSN). Employers need the SSN for wage reporting purposes. A Social Security Card can be presented as part of List C documents for I-9 completion, assuming it does not have employment restrictions.
• Driver's License or ID Card: Issued by a state or outlying possession of the U.S., a driver's license or ID card is a common List B document, verifying the employee's identity.
• Birth Certificate: A U.S. birth certificate proves U.S. citizenship and can be used as a List C document. It does not, however, serve as an identity verification document when completing Form I-9 alone.
• Employment Authorization Document (EAD): Issued by USCIS, an EAD is a document that proves an individual is allowed to work in the U.S. This falls under List A documents.
• Permanent Resident Card or Alien Registration Receipt Card (Form I-551): This card shows that a person is a lawful permanent resident in the U.S. It can be used to prove both identity and employment authorization (List A).
• Foreign Passport with a Temporary I-551 Stamp or MRIV: For non-U.S. citizens who are lawful permanent residents, a foreign passport with a temporary I-551 stamp or machine-readable immigrant visa (MRIV) proves both identity and work authorization, qualifying as a List A document.

The interplay between the USCIS I-9 form and these documents ensures that individuals are rightfully and legally employed in the U.S. Employers should be diligent in requesting, inspecting, and retaining these documents where applicable to maintain compliance with employment and immigration laws. By understanding the specific purpose and requirement of each document, both employers and employees can navigate the employment eligibility verification process more smoothly.

• W-4 Form: This form, used for determining federal income tax withholding, is similar to the USCIS I-9 form because both are required by US federal laws and must be completed by new hires for employment purposes. Where the I-9 verifies eligibility to work, the W-4 determines tax withholdings.

• State Tax Withholding Forms: Similar to the W-4 but at the state level, these forms determine the amount of state income tax to be withheld from an employee's paycheck. Like the I-9, they are mandatory for new employees and critical for compliance with state tax laws.

• W-9 Form: Required for independent contractors, the W-9 is used to provide Taxpayer Identification Number (TIN) information to entities that will pay them. It parallels the I-9 in ensuring compliance with tax laws, although for differently classified workers.

• Form I-765: The Application for Employment Authorization is essential for certain non-citizens who must obtain permission to work in the U.S. It's related to the I-9 in its focus on employment eligibility, albeit from the perspective of the employee gaining authorization.

• Form I-551 (Permanent Resident Card or Green Card): This document proves a non-citizen's authorization to live and work permanently in the U.S. It's one of the documents that can be presented during the I-9 verification process, linking them closely in employment eligibility verification.

• Form DS-160 (Online Nonimmigrant Visa Application): While primarily for visa applications, information from the DS-160 can be critical for verifying a person's eligibility to work in the U.S. when they apply for a work visa. It indirectly supports the I-9 process by establishing a basis for employment eligibility under specific visa classes.

The USCIS I-9 form is a critical document for both employers and employees in the United States, ensuring that individuals are authorized to work. Here are some key dos and don'ts to remember when filling out this form:

Do:

• Complete the form timely. The employee should fill out Section 1 no later than their first day of employment. Employers must complete Section 2 within three business days of the employee’s start date.
• Ensure accuracy. Double-check all information for correctness, including personal details, dates, and document numbers. Errors can cause delays or issues with employment eligibility verification.
• Keep records updated. If an employee's work authorization expires, remember to reverify their eligibility. Complete Section 3 of the form or complete a new I-9 form if necessary, prior to the expiration of the current authorization.
• Use the latest version of the form. Always download the most recent form from the USCIS website to ensure compliance with current regulations.
• Provide acceptable documents. Employees should only present documents that are listed on the form's instructions and that are original and unexpired.

Don't:

• Discriminate against employees. Employers should not specify which documents they will accept from the list of acceptable documents. This could be seen as discriminatory.
• Ignore document retention guidelines. Employers are required to keep completed I-9 forms for either three years after the date of hire or one year after employment is terminated, whichever is later.

Adhering to these guidelines will help ensure that the I-9 process is smooth and compliant with federal law. It is a straightforward form but a crucial step in verifying an employee's right to work in the U.S. Proper completion helps protect both employers and employees from potential legal complications.

The USCIS I-9 form is an essential document for employers in the United States, used to verify the identity and employment authorization of individuals hired for employment. However, misconceptions about the I-9 form abound, leading to common mistakes. Here are five misconceptions explained:

• Only non-citizens need to complete the I-9 form. This is a common misconception. In reality, both citizens and non-citizens must complete the form. The purpose of the I-9 is to verify the identity and employment authorization of all employees, regardless of citizenship.

• The I-9 form must be submitted to USCIS. Employers do not need to submit this form to the United States Citizenship and Immigration Services (USCIS) as part of the hiring process. Instead, employers must retain the completed forms for their records and be able to present them if requested by authorized government officials.

• Electronic signatures are not allowed on the I-9 form. This is incorrect. The Department of Homeland Security (DHS) permits employers to complete, sign, and store I-9 forms electronically, as long as they comply with the guidelines for electronic storage, security, and signatures.

• Employers must reverify the I-9 form only when an employee's work authorization expires. While it's true that employers must reverify work authorization upon its expiration, there are other situations where reverification may be necessary, such as when employees are rehired after a break in service or when their immigration status changes.

• If an employee makes a mistake on the form, they need to start over with a new form. Employees do not always have to start from scratch if they make a mistake on the I-9. Instead, they can correct errors on the existing form by strikethrough the incorrect information, then entering the correct information and initialing and dating the change.

The United States Citizenship and Immigration Services (USCIS) I-9 form is a critical document for employers in the United States, ensuring that their employees are legally authorized to work in the country. Understanding the key aspects of filling out and using the I-9 form helps both employers and employees navigate the process effectively. Here are eight key takeaways related to this form:

• Timeliness is crucial: Employers must ensure the I-9 form is completed within three business days of the employee's first day of employment. This requirement helps maintain compliance with federal law and avoid potential penalties.
• Accuracy matters: Both employers and employees should pay close attention when filling out the form to ensure all information is accurate and complete. Mistakes or missing information can lead to compliance issues.
• Section 1 is for the employee: The employee is responsible for completing Section 1 of the I-9 form by their first day of work for pay. This section collects basic personal information and includes attestation of the employee’s authorization to work in the U.S.
• Documentation is key: Employees must provide documents to their employer that verify their identity and employment authorization. The list of acceptable documents is divided into three categories (A, B, and C), and employees should know which documents they can present.
• Employer responsibilities: Employers are required to examine the documents provided by the employee to determine if they reasonably appear to be genuine and relate to the employee. This verification must be done in person.
• Reverification may be necessary: For employees with an expiration date on their work authorization, employers must complete the reverification process to ensure continuous eligibility for employment in the U.S.
• Record keeping is mandatory: Employers are required to retain the completed I-9 form for each employee either for three years after the date of hire or for one year after employment is terminated, whichever is later. These records must be available for inspection by authorized U.S. Government officials.
• Avoid discrimination: While ensuring compliance, employers must also be careful not to discriminate against employees during the I-9 process based on national origin, citizenship, or immigration status. Practices such as requesting more or different documents than are required can be deemed discriminatory.

Understanding these key takeaways can help employers navigate the complexities of employment verification while respecting the rights and responsibilities of all parties involved.