Form I-9, also known as the Employment Eligibility Verification form, is an essential document used to confirm the identity and employment authorization of individuals hired in the United States. This form is required by all U.S. employers for both U.S. citizens and foreign workers who are authorized to work in the country.
Important Update – August 2, 2024
USCIS has extended the expiration date for the current version of Form I-9 to May 31, 2027. Employers must use the 08/01/2023 version of the form, which will be valid until either 07/31/2026 or 05/31/2027. Both versions are acceptable until their respective expiration dates, but employers should update their electronic systems to reflect the 05/31/2027 expiration by 07/31/2026.
Who Needs to Complete Form I-9?
Every U.S. employer, regardless of their business size, must complete Form I-9 for each employee hired. This applies to both U.S. citizens and non-U.S. citizens who are authorized to work in the U.S. Employers are required to keep the completed forms for a specified period and make them available for inspection by government agencies if requested.
Cost of Form I-9
There is no fee for completing Form I-9. Employers can access the form for free on the USCIS website (uscis.gov) or by calling the USCIS Forms Line at 1-800-870-3676.
How to Fill Out Form I-9
Section 1 (Employee’s Responsibility)
The employee must complete Section 1 of Form I-9 by the first day of employment. Here’s what they need to do:
- Provide their full legal name, and contact information, and confirm their citizenship or immigration status.
- Select from the list of acceptable documents to prove their identity and employment eligibility. The employee will need to provide one or more documents from the list provided on the form.
- Sign and date.
Section 2 (Employer’s Responsibility)
The employer must complete Section 2 within three business days of the employee’s first day of work. The employer should:
- Examine the employee’s documents to confirm their authenticity and completeness.
- Record information about the documents, including the document type, issuing authority, and expiration date.
- Sign and date Section 2.
Section 3 (Employer’s Responsibility, if needed)
Section 3 is used for rehiring or re-verification of employees with expiring work authorization. Employers should complete Section 3 as necessary and keep it along with the original Form I-9. Employers are required to retain completed forms for the duration of the employee’s employment plus one year, or three years from the date of hire, whichever is longer.
Frequently Asked Questions
Can Form I-9 be completed electronically?
Yes, Form I-9 can be completed and stored electronically, as long as all requirements for electronic signatures and storage are followed, as outlined in the USCIS Handbook for Employers.
Can employees use expired documents to prove their identity and work eligibility?
No, only unexpired documents can be used to establish identity and employment eligibility. Expired documents are not acceptable.
What happens if an employer fails to complete or retain Form I-9?
Failure to properly complete or keep Form I-9 can result in fines and penalties for the employer. Employers must comply with all I-9 requirements.
Can an employer ask employees for specific documents for Form I-9?
No, employers must let employees choose from the list of acceptable documents provided on Form I-9. Discriminating based on the type of document an employee presents is prohibited.
Can Form I-9 be completed in languages other than English?
No, Form I-9 must be completed in English. However, employers in Puerto Rico may use the Spanish version of the form.
Form I-9 is a vital document for employers and employees in the U.S., ensuring compliance with employment eligibility laws. By understanding the form’s requirements and properly completing the necessary sections, both employers and employees can help avoid penalties and ensure a smooth hiring process.
