Fill Out Your USCIS I-9 Template

What is the USCIS I-9 form?

The USCIS I-9 form, known as the Employment Eligibility Verification form, is a document that all U.S. employers must fill out to verify the identity and employment authorization of individuals hired for employment in the United States. Both the employer and the employee must complete their respective sections of the form.

Who needs to complete the I-9 form?

All employees hired after November 6, 1986, must complete an I-9 form at the time of hire. This requirement applies to both U.S. citizens and non-citizens. Employers are responsible for ensuring the form is completed properly and on time.

What documents are required to complete the I-9 form?

To complete the I-9 form, employees need to provide documents that prove both identity and employment authorization. These documents are categorized into three lists:

• List A documents establish both identity and employment authorization (e.g., U.S. passport, Permanent Resident Card).
• List B documents establish identity only (e.g., driver's license, state ID card).
• List C documents establish employment authorization only (e.g., Social Security card, birth certificate).

Employees must present one selection from List A or a combination of one selection from List B and one from List C.

How long must employers keep completed I-9 forms?

Employers are required to retain completed I-9 forms for either three years after the date of hire or one year after the date of termination, whichever is later. These forms must be stored securely and made available for inspection by authorized government officers upon request.

Can the I-9 form be completed electronically?

Yes, the I-9 form can be completed electronically, provided the system used complies with specific requirements set by USCIS. This includes proper data collection, a comprehensive audit trail, retention guidelines, and the capability for government inspection. Many employers find electronic completion advantageous for storage and organization.

What happens if errors are found on the I-9 form?

If errors are discovered on the I-9 form, they should be corrected as soon as possible. Employers should instruct employees to make the corrections if the errors are in the employee’s section. Corrections should be made by drawing a line through the incorrect information, entering the correct information, and initialing and dating the change. It's crucial not to erase or use correction fluid on the form.

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

Yes, there are significant penalties for failing to comply with I-9 requirements, which can range from monetary fines to criminal penalties for more serious infractions. Penalties can be imposed for not completing I-9 forms, not maintaining them properly, or not producing them upon lawful request from government officials.

How can employers ensure compliance with I-9 requirements?

Employers can ensure compliance with I-9 requirements by:

1. Training staff responsible for I-9 forms on the correct procedures.
2. Regularly reviewing and updating their I-9 processes.
3. Conducting internal audits of their I-9 records.
4. Using electronic I-9 management systems that comply with USCIS guidelines.
5. Consulting with an attorney specializing in employment or immigration law for complex situations or questions.

One common mistake people make when filling out the USCIS I-9 form is not completing it on time. The form must be filled out within three days of the employee's first day of work. Failing to adhere to this timeline can lead to compliance issues and fines for the employer.

Another frequent error lies in misunderstanding Section 2 of the form, where documentation is verified. Some individuals either do not present the appropriate documents or provide more than is required by the form's instructions. This can lead to confusion and delays in the verification process, as the form requires specific types of documentation to prove identity and work authorization.

Many also overlook the necessity of re-verifying certain documents when they expire. For those employees with work authorizations that have expiration dates, the employer is responsible for re-verifying their eligibility to work in the United States. This aspect is often neglected, leading to unauthorized employment situations.

Forgetting to sign the form is a simple but significant mistake. The form is not valid unless it is signed by both the employee and the employer. This oversight can invalidate the entire process, making the effort to fill out the form correctly pointless.

Another error includes incorrect or incomplete filling of the form's sections. Each section has specific instructions and requirements, and failing to follow them precisely can cause incorrect filing. For example, leaving blank spaces when all fields are required or inputting information in the wrong section may lead to processing delays or the need to resubmit the form.

Many individuals also fall into the trap of making corrections improperly on the form. If a mistake is made, the correct way to address it is to strike through the incorrect part, write the correct information, and initial and date the correction. Using white-out or attempting to alter the form in a non-transparent manner can raise red flags during an audit.

Last but not least, a common mistake is neglecting to keep a copy of the form for the required period. Both the original forms and the documents used for verification should be retained by the employer for a specified duration after the employment ends. Failure to maintain these records can be problematic in the event of an audit by the government.

When employers in the United States hire new employees, they are required to verify the identity and employment eligibility of each person. The USCIS Form I-9 is a critical document for this purpose. However, completing the I-9 correctly often involves more than just this single form. Several other forms and documents are regularly used alongside the I-9 to ensure compliance with federal laws and regulations. The following list outlines some of the most commonly used documents in this process.

• W-4 Form - This form is used by employers to determine the correct amount of federal income tax to withhold from employees' paychecks. While it doesn't verify work eligibility, it is required for all new hires alongside the I-9.
• State Withholding Form - Similar to the federal W-4, this document is used for state tax withholding purposes. The specific form and regulations vary by state.
• Form I-551, Permanent Resident Card - Often known as a Green Card, this document serves as proof of an employee's permanent residence in the U.S. and eligibility to work. Employers must inspect the original document for the I-9 verification process.
• Employment Authorization Document (EAD) - Issued by USCIS, this card provides proof that an individual is allowed to work in the United States for a specific time period. It’s one of the documents that may be presented by employees to complete Section 2 of the I-9.
• Passport - A U.S. or foreign passport can be presented by employees as proof of identity and employment authorization. For non-U.S. citizens, a passport must contain a visa or stamp proving legal status.
• Social Security Card - Except for certain restrictions noted on the card itself, a social security card can be used as proof of the ability to work in the United States. It's typically used in conjunction with a form of photo ID for I-9 completion.
• Driver’s License or ID Card - Issued by a state or outlying possession of the United States, a driver's license or photo ID card is commonly presented as proof of identity when filling out the I-9 form.

In addition to the I-9, handling these forms and documents effectively is essential for employers to ensure they comply with employment eligibility verification requirements. They not only help establish an employee's identity but also their legal right to work in the U.S. Employers must remain diligent, adhering to federal guidelines, to maintain a lawful workforce.

The W-4 form, issued by the Internal Revenue Service (IRS), shares similarities with the USCIS I-9 form as both are essential for new employees in the United States. While the I-9 form is used to verify the identity and employment authorization of individuals hired for employment, the W-4 form gathers information on an employee's tax withholdings. Each form is required at the onset of employment to ensure legal work status and accurate tax withholding, playing critical roles in the compliance measures employers must follow.

Another document akin to the USCIS I-9 form is the State New Hire Reporting Form, which employers must submit for each new employee. Like the I-9, it serves a regulatory function, aimed at aiding child support enforcement. By reporting new hires, employers contribute to a system that tracks employment for the purpose of garnishing wages for child support, if necessary. This document complements the I-9 by further ensuring employees are legally employed and supporting societal obligations such as child support.

The Employment Eligibility Verification Form for contractors, often paralleled with the USCIS I-9 form, is specifically tailored for contract workers. While the I-9 form is mandated for all employees to verify their identity and eligibility to work in the U.S., this analogous document serves the same purpose for independent contractors. Many organizations require that contractors complete this verification to uphold legal working standards and prevent unauthorized employment, reflecting the I-9's objectives in a different employment context.

Passport applications can be seen as bearing resemblance to the USCIS I-9 form in their role in identity verification. Although serving predominantly different purposes – with passport applications facilitating international travel and the I-9 ensuring legal employment in the U.S. – both require applicants to provide personal information and proof of identity. These processes are crucial in maintaining security and integrity, whether in employment or international mobility.

Finally, the Driver's License application process shares commonalities with the USCIS I-9 form by requiring proof of identity and legal status. States mandate this verification to ensure that applicants are eligible to drive legally within the U.S., mirroring the I-9’s goal of confirming work eligibility. Both forms require personal information and supporting documents, emphasizing the importance of legal identity verification in various aspects of public life.

The USCIS I-9 form is an essential document required by the United States Citizenship and Immigration Services to verify the identity and employment authorization of individuals hired for employment in the United States. When filling out the form, certain practices should be followed to ensure compliance and avoid common mistakes. Here are eight dos and don'ts to consider:

• Do ensure that all sections are completed accurately. It's critical to provide accurate information to avoid any discrepancies that could lead to employment verification issues.
• Do use black ink when filling out the form manually. This ensures that the document is legible and can be scanned or photocopied if necessary.
• Do refer to the official instructions provided by USCIS if you have any questions. These instructions offer detailed guidance on how to correctly fill out the form.
• Do complete the form in a timely manner. The employee should complete Section 1 no later than their first day of employment, and the employer should complete Section 2 within three business days of the employee's start date.
• Don't leave any fields blank. If a particular field does not apply, fill it with "N/A" to indicate that the question was read but not applicable.
• Don't use correction fluid or tape. If you make a mistake, it's better to start over on a new form to maintain the document's clarity and integrity.
• Don't submit the I-9 form to USCIS. This form should be retained by the employer for their records and made available for inspection upon request by authorized government officers.
• Don't ignore the form’s expiration date. Always ensure you are using the most current version of the I-9 form by checking the USCIS website.

The USCIS I-9 form is a document that both employers and employees in the United States need to complete to verify the employment eligibility of individuals. Despite its widespread use, there are several misconceptions about the form that can lead to confusion and mistakes. Here are eight common misconceptions explained to provide clarity:

• Only non-citizens need to complete the form. This is incorrect. All employees, regardless of their citizenship status, must fill out the I-9 form. It verifies the identity and employment authorization of individuals employed in the U.S.
• The employer must submit the form to USCIS. In fact, employers do not submit the form to USCIS. They must retain each employee's completed I-9 form for a designated period and make it available for inspection if requested by authorized government officers.
• Employers can selectively decide who fills out the I-9 form. This is a misconception. Employers are required to ensure that every employee hired after November 6, 1986, completes the I-9 form at the time of hire. Discriminating by not requiring certain individuals to complete it could lead to legal issues.
• Any document listed on the form is acceptable for proof of identity and employment authorization. This statement is misleading. Employees must provide documentation that meets the specific categories listed on the form. There are three lists of documents: 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). Employers must review the documents to ensure they are genuine and relate to the individual presenting them.
• If an employee's work authorization expires, they must be terminated immediately. This is not entirely accurate. In some cases, individuals may be eligible for extensions of their work authorization. Employers should update the I-9 form accordingly rather than automatically terminating employment.
• Digital copies of the I-9 form are not acceptable. This is not true. Employers can keep digital copies of the form as long as these copies meet the regulations for electronic retention, and they are accessible for inspection.
• There is no penalty for minor mistakes on the I-9 form. Even small errors can lead to fines if they are not corrected properly. Employers should conduct internal audits and correct any mistakes found on the I-9 forms to ensure compliance.
• The I-9 form must be completed on the first day of employment. The form requires that Section 1 be completed by the employee no later than the first day of employment, but the employer must complete Section 2 within three business days of the employee's start date.

Understanding these nuances of the USCIS I-9 form is crucial for both employers and employees to ensure compliance and avoid potential legal complications.

The USCIS I-9 form is a critical document for employers and employees in the United States, ensuring that individuals are authorized to work legally. Understanding its requirements and proper completion can help avoid legal pitfalls and ensure a compliant workforce. Here are key takeaways regarding the filling out and use of the USCIS I-9 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. Delaying beyond this period can result in compliance issues and penalties.
• Section 1 is the employee’s responsibility: The employee must fill out Section 1 of the I-9 form by their first day of work for pay. It requires basic information such as name, address, date of birth, and an attestation of their eligibility to work in the United States.
• Employer verification in Section 2: The employer is responsible for completing Section 2, which involves examining documents the employee provides that establish identity and employment authorization. This must be done within three business days of the employee starting work.
• Acceptable documents: The I-9 form lists acceptable documents in three categories (A, B, and C). Employees must present one document from List A or a combination of one document from List B and one from List C. Employers should not specify which documents employees must provide.
• Reverification is sometimes required: Employers may need to reverify employment authorization for employees whose work authorization has an expiration date. This is crucial to ensure continuous compliance with employment eligibility verification requirements.
• Retention and recordkeeping: Employers are required to retain completed I-9 forms for a specific period – at least three years after the date of hire or one year after employment ends, whichever is later. These must be available for inspection by authorized officials upon request.
• Discrimination concerns: Employers must be careful not to discriminate against employees or potential employees based on national origin or citizenship status in the context of I-9 compliance. Practices such as demanding specific documents over others can lead to legal challenges.
• Digital completion and storage: While the I-9 form can be completed on paper, electronic completion and storage are permitted and encouraged for efficiency and ease of compliance. Employers choosing electronic storage must ensure the system meets regulatory requirements for document integrity, security, and accessibility.

Proper attention to the details of I-9 form completion and compliance not only helps employers avoid potential legal issues and penalties but also contributes to a lawful and diverse workforce. Awareness and adherence to these takeaways support an environment of integrity and compliance in employment practices.