How An I-9 Form Works In The U.S. : Easy Guide

As a foreigner wishing to work in the United States, you’ll be required to fill an I-9 form which is to be submitted to the government in order to check an employee’s eligibility to work in the U.S.. This blog is going to teach you more about filling out an I-9 Form and what it entails.

What Is an I-9 Form?

As a part of the new-hire work provided by their employer, a brand new employee should complete an I-9 form, also known as an Employment Eligibility Verification form.

The I-9 form is used to verify an employee’s identity and to work out whether or not they are eligible to start work for the company.

It was created by the U.S. Citizenship and Immigration Services (USCIS) sector of the Department of Homeland Security (DHS) and should be completed for each worker employed in the U.S.

Who Uses an I-9 Form?

All new hires should fill out an I-9 form during the hiring method. The employer should verify the employee’s eligibility and identification documents and record the document info on the I-9 kind within 3 days of employment.

If an employee is unable to read or write in English, the form permits for a translator or legal preparer to finish the form on behalf of the worker.

You do not have to complete a form I-9 if you are or were:

  • Hired on or before November. 6, 1986, (or on or before November. 27, 2007, if employment is in the Commonwealth of the Northern Mariana Islands) and have an inexpensive expectation of employment at all times
  • Doing casual domestic work in a private home
  • An independent contractor
  • Employed by a contractor providing contract services, like a temp agency
  • Not working on U.S. soil

You also do not need your own I-9 if you are freelance.

Discrimination Is Prohibited

The 1986 Immigration Reform and control Act (IRCA) deemed American employers lawfully liable for verifying the employment eligibility of all new workers. while the I-9 form isn’t needed for volunteers or contract-based workers, foreign nationals on employment visas are needed to finish the form.

The legislation additionally includes anti-discrimination clauses. underneath the IRCA, U.S. citizens, permanent residents, and asylum seekers lawfully allowed to work in the U.S. can’t be denied employment or be forcefully terminated based on origin or citizenship.

The IRCA is enforceable for all employers with 3 or more staff.

Where to Get an I-9Form

Your employer might provide you with a replica of the I-9 form. you’ll also download it from the USCIS website.

What to Do If You Do not Receive an I-9 form

An I-9 form is critical for continued employment.

An employer that violates the law concerning verification and the I-9 form may face fines or criminal penalties.

If you’re missing your form I-9, contact your human resources department to secure a replica or transfer one from the net and submit it to your employer.

Missing Documents

If an employee fails to provide a required document or a receipt for a replacement document (in the case of lost, stolen, or destroyed documents) at intervals 3 business days of the date employment begins, they’ll be terminated.

Note: An employee who shows a receipt for replacement has ninety days to present the replacement documents. If you would like to get a replica of your documentation, you’ll be ready to request it online.

How to Fill Out and Read an I-9 form

In addition to your basic personal info, after you fill out an I-9 form you need to provide a minimum of one amongst the approved styles of documentation to prove your identity and eligibility to work in the U.S.

Caution: Employees should present original documents, not photocopies.

Acceptable I-9 Documents

There are 3 classes of documents that you are allowed to submit. employees are needed to present either one amongst the below documents from List A, or one amongst the documents from List B and one amongst the documents from List C.

List A (documents that establish both identity and employment eligibility):

  • United States passport or passport card
  • Permanent Resident Card or Alien Registration Receipt Card (I-551)
  • Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable migrator visa
  • Employment Authorization Document that contains a photograph (I-766)
  • Foreign Passport with a temporary I-551 stamp
  • For a nonimmigrant alien licensed to work just for a particular employer because of their status: a foreign passport and either form I-94 or form I-94A with arrival-departure record and work endorsement
  • Passport from the federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with form I-94 or I-94A

List B (documents that establish identity only):

  • Driver’s license or ID card issued by a state or outlying possession of the U.S.
  • ID card issued by federal, state, or local government agencies or entities
  • School ID with photograph
  • U.S. Coast guard businessperson mariner Document card
  • Native American tribal document
  • Driver’s license issued by a Canadian government authority
  • Voter’s registration card
  • U.S. military card or draft record
  • Military dependent’s ID card

For individuals underneath the age of 18 who are unable to present a document listed above:

  • School record (such as report card)
  • Hospital or doctor record
  • Daycare record
  • Nursery school record

List C (documents that establish employment eligibility only)

  • Social Security account number card that’s unrestricted
  • Original birth certificate issued by a state, county, municipal authority, or territory of the U.S., bearing an official seal (certified copy accepted)
  • Certification of report of birth issued by the Department of State (Forms DS-1350,FS-545, and FS-240)
  • U.S. citizen ID Card (Form I-197)
  • ID Card for use of resident national in the U.S. (Form I-179)
  • Native American tribal document
  • Employment authorization document issued by the Department of Homeland Security

How to File an I-9 form

Employees will complete the I-9 form electronically. The employer then retains the form on file. they have to retain a form I-9 for each worker.

Employers will verify an employee’s I-9 info on-line to avoid fines or penalties by using the E-Verify system. this is an online service provided by the federal government that compares info from an employee’s form I-9 with info from the U.S.

Department of Homeland Security and Social Security Administration records. The employee’s social security number is needed to use E-Verify.

I-9 forms are valid indefinitely unless there’s a gap in employment of over one year. Foreign nationals on a work visa or students and exchange guests should have their I-9 re-verified with every extension, or when their visa has expired, once a brand new employment authorization permit is issued.

I-9 forms are needed to be maintained by the employer for either 3 years after an employee’s start date or one year when their employment is terminated, whichever is later.

Key Takeaways

  • An I-9 form is government paperwork that’s needed for employees to work within the U.S..
  • I-9 Forms verify a human identity and eligibility for employment.
  • The forms need supporting documentation as proof, like driver’s license or passport.

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