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The USCIS I-9 form plays a crucial role in the employment landscape of the United States, serving as a verification tool for employers to confirm the identity and work authorization of their employees. This form is required for all individuals hired for employment in the U.S., regardless of their citizenship status. Employers must complete the I-9 form within three days of an employee's start date, ensuring compliance with federal regulations. The form consists of three main sections: the employee's personal information, the employer's verification process, and a list of acceptable documents that employees can present to establish their identity and work eligibility. Additionally, the I-9 form must be retained by the employer for a specified period and made available for inspection by authorized government officials. Understanding the nuances of the I-9 process is essential for both employers and employees to navigate the complexities of employment law and to ensure a lawful hiring process.

Similar forms

The USCIS I-9 form, used to verify the identity and employment authorization of individuals in the United States, shares similarities with the Employment Eligibility Verification form, which is also known as the I-9. Both documents serve the purpose of confirming that an individual is legally allowed to work in the country. Employers are required to complete the I-9 form for every new hire, ensuring compliance with immigration laws. The I-9 and the Employment Eligibility Verification form both require the employee to present specific identification documents, such as a passport or driver's license, to establish their identity and work eligibility.

Another document that resembles the I-9 form is the W-4 form, which is used for tax withholding purposes. While the W-4 does not verify employment eligibility, it is essential for employers to gather information about an employee's tax situation. Just as the I-9 requires personal information and identification, the W-4 also collects data such as the employee's name, address, and Social Security number. Both forms are crucial for employers to maintain accurate records and ensure compliance with federal regulations.

The Social Security Administration’s Form SS-5 is similar in that it is used to apply for a Social Security number. While the I-9 focuses on employment eligibility, the SS-5 is necessary for individuals who need a Social Security number to work legally in the U.S. Both forms require personal identification and documentation to verify the applicant's identity. This ensures that individuals are properly documented within the federal system, helping to prevent fraud and maintain accurate records.

The Form I-551, commonly known as the Permanent Resident Card or Green Card, also bears similarities to the I-9 form. The I-551 serves as proof of a person's permanent residency status, allowing them to live and work in the U.S. The I-9 form accepts the I-551 as a valid document for establishing employment eligibility. Both documents play a vital role in confirming an individual's legal status and work authorization in the United States.

The Form I-20 is another document that shares similarities with the I-9. This form is issued to non-immigrant students who are accepted into a U.S. educational institution. While the I-20 does not directly verify employment eligibility, it is essential for students seeking work authorization under specific conditions, such as Curricular Practical Training (CPT) or Optional Practical Training (OPT). Both forms require careful documentation and verification of identity, ensuring that individuals comply with immigration laws while pursuing their educational and career goals.

The Employment Authorization Document (EAD) is closely related to the I-9 form as it serves as proof that an individual is authorized to work in the United States. The EAD is often required when completing the I-9, as it provides evidence of work eligibility for certain non-citizens. Both documents help employers ensure they are hiring individuals who are legally permitted to work, thus safeguarding against potential legal issues related to employment practices.

The Form N-400, Application for Naturalization, also has similarities with the I-9 form. This form is used by lawful permanent residents who wish to become U.S. citizens. While the I-9 focuses on employment eligibility, the N-400 requires detailed information about an applicant's background and residency. Both forms necessitate the submission of supporting documents and personal information, emphasizing the importance of maintaining accurate records throughout the immigration process.

The Form I-94 is another document that relates to the I-9. This form is issued to non-citizens upon their arrival in the United States and serves as a record of their entry and immigration status. While the I-9 is used for employment verification, the I-94 is essential for establishing the legal status of an individual in the country. Both forms require documentation to verify identity and status, ensuring compliance with immigration laws and regulations.

Lastly, the Form DS-2019 is similar to the I-9 in that it is used for individuals participating in an exchange visitor program. The DS-2019 is necessary for non-immigrants to obtain a J-1 visa, allowing them to work and study in the U.S. Like the I-9, the DS-2019 requires personal information and documentation to verify the individual's eligibility for the program. Both forms play a significant role in ensuring that participants comply with U.S. immigration laws while engaging in educational and cultural exchange opportunities.

More About USCIS I-9

What is the USCIS I-9 form?

The USCIS I-9 form, officially known as the Employment Eligibility Verification form, is a document that employers in the United States must complete for every new employee. This form verifies an employee's identity and their eligibility to work in the U.S. Both the employer and the employee must fill out specific sections of the form, and it must be completed within three days of the employee's start date. Keeping this form on file is crucial for compliance with federal immigration laws.

Who needs to fill out the I-9 form?

Every employer in the U.S. is required to have the I-9 form completed for each new hire. This includes full-time, part-time, and temporary employees. Additionally, employees must complete the form, providing information about their identity and work eligibility. It’s important to note that independent contractors do not need to fill out the I-9 form, as they are not considered employees.

What documents are required for the I-9 form?

Employees must provide documents that establish their identity and employment eligibility. There are three lists of acceptable documents: List A, List B, and List C. List A documents, such as a U.S. passport or a permanent resident card, establish both identity and eligibility. List B documents, like a driver's license, establish identity only, while List C documents, such as a Social Security card, establish eligibility only. Employees can choose which documents to present, but they must provide either one from List A or one from List B and one from List C.

How long do employers need to keep the I-9 form on file?

Employers must retain the completed I-9 form for three years after the employee's hire date or for one year after the employee's termination, whichever is longer. It's essential to store these forms securely, as they may be requested during audits by immigration officials. Failure to keep accurate records can result in fines or penalties.

What happens if an employer fails to complete the I-9 form?

If an employer does not complete the I-9 form for a new employee, they may face serious consequences. These can include fines and penalties from the U.S. government. Additionally, failing to verify an employee's work eligibility can lead to legal issues and damage the employer's reputation. It is vital for employers to understand the importance of this form and to ensure it is completed accurately and on time.

Dos and Don'ts

When filling out the USCIS I-9 form, it’s important to follow certain guidelines to ensure accuracy and compliance. Here’s a list of what you should and shouldn’t do:

  • Do read the instructions carefully before starting the form.
  • Do provide accurate and truthful information about your identity and employment eligibility.
  • Do complete the form in a timely manner, ideally on your first day of work.
  • Do ensure that all sections of the form are filled out completely.
  • Don't leave any fields blank; if a section does not apply, write "N/A."
  • Don't use correction fluid or tape to fix mistakes on the form.
  • Don't sign the form before it is fully completed.
  • Don't forget to provide the required documents to verify your identity and work eligibility.

Following these guidelines will help ensure that your I-9 form is processed smoothly and correctly.

USCIS I-9 - Usage Steps

Filling out the USCIS I-9 form is an important step in the employment process. This form verifies the identity and employment eligibility of individuals hired for work in the United States. Follow these steps carefully to ensure the form is completed accurately.

  1. Obtain the USCIS I-9 form. You can download it from the official USCIS website or request a hard copy from your employer.
  2. Start with Section 1. Fill in your personal information, including your name, address, date of birth, and Social Security number. If you are not a citizen, indicate your immigration status.
  3. Sign and date Section 1. This confirms that the information you provided is accurate and that you are eligible to work in the U.S.
  4. Move to Section 2. Your employer will need to complete this section. They will examine the documents you provide to verify your identity and eligibility.
  5. Present your original documents to your employer. Acceptable documents include a U.S. passport, a permanent resident card, or a combination of documents that prove both identity and work authorization.
  6. Your employer will fill out the necessary details in Section 2, including the document numbers and expiration dates, if applicable.
  7. Once Section 2 is completed, your employer will sign and date the form, confirming that they have reviewed your documents.
  8. Keep a copy of the completed I-9 form for your records. Your employer is required to retain the original for a specific period.

After completing the form, make sure to follow any additional instructions provided by your employer. They may have specific processes in place regarding document verification and record-keeping.