Form I-9
What is this form?
The Form I-9, also known as the Employment Eligibility Verification form, is a crucial document that employers in the United States must complete for new employees to verify their identity and employment eligibility. Unlike other forms such as tax or benefit forms, the I-9 specifically focuses on confirming that employees are authorized to work in the U.S. This form is vital for compliance with the Immigration Reform and Control Act of 1986.
Form components explained
- Section 1: Employee Information and Verification - To be completed by the employee.
- Section 2: Employer Review and Verification - To be filled out by the employer with proof of identity and eligibility.
- Section 3: Updating and Reverification - For use if an employeeâs work authorization requires an update.
- Lists of acceptable documents - Specifies what forms of identification can be used.
- Anti-Discrimination Notice - Information about the prohibition against discrimination in hiring practices.
When to use this document
The Form I-9 should be used when hiring new employees in any capacity, whether full-time, part-time, or temporary. It is required for verifying eligibility to work in the U.S. This form must be completed at the time of hire, which is defined as the moment an employee begins work. Compliance reduces the risk of legal penalties associated with hiring unauthorized workers.
Who needs this form
- Employers and hiring managers looking to validate the employment eligibility of new hires.
- New employees, including citizens, lawful permanent residents, and temporary workers.
- Recruiters and staffing agencies involved in the hiring process.
How to prepare this document
- Identify the employee and gather personal information such as name, date of birth, and Social Security number.
- Complete Section 1 accurately, ensuring the employee signs and dates the form.
- Verify the documents presented by the employee, referencing Lists A, B, or C to confirm identity and eligibility.
- Fill out Section 2 within three business days of the employee's start date, noting all relevant document details.
- Store the completed form securely for compliance, retaining it for the required period.
Notarization guidance
This form does not typically require notarization unless specified by local law. Ensure that all completed forms are stored carefully for possible future inspections or audits.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to complete Section 1 before the employee starts work.
- Not accepting appropriate documents; only original documents should be accepted.
- Neglecting to sign and date the employer certification in Section 2.
- Not retaining the form for the appropriate duration as required by law.
Benefits of using this form online
- Convenient access to complete the form from any location.
- Editable version allows users to fill out the form accurately before printing.
- Easy storage and retrieval for compliance audits.
- Reduces potential for human errors typically associated with handwritten forms.
Legal use & context
- Form I-9 is legally required for all hires to ensure compliance with immigration laws.
- Failure to complete the form as required can lead to penalties for employers.
- Employers may face civil or criminal sanctions for knowingly hiring unauthorized workers.
Summary of main points
- Form I-9 is essential for verifying employee eligibility in the U.S.
- All new hires must complete the form regardless of citizenship status.
- Employers must retain the form and documents for legal compliance.
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FAQ
Every employer in the U.S., from the smallest business to the largest multi-national employer, is required to obtain a Form I-9 on every employee to verify the individual's identity and that they are legally authorized to work in the U.S. This is a government requirement.
Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibility policy an additional 60 days until March 31, 2021. This provision only applies to employers and workplaces that are operating remotely.
You are required to complete and retain a Form I-9 for every employee you hire for employment in the United States, except for:Independent contractors or individuals providing labor to you if they are employed by a contractor providing contract services (for example, employee leasing or temporary agencies).
To download the form from the Chrome web browser: Click the link to the Form I-9 you wish to download. Click the arrow that displays in the PDF file download box that will appear in the bottom left-hand corner.
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 each individual they hire for employment in the United States.
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 each individual they hire for employment in the United States. This includes citizens and noncitizens.
You may not use the I-9 form as part of the applicant screening process or background check;If the new hire does not present acceptable identification documents by the end of three business days after the first day of work for pay, you may terminate the employee for failing to complete the I-9 form.
The short answer is that yes, a Form I-9 can be completed prior to the start date of an employee.
