I-9 (form)

The Immigration Reform and Control Act of 1986 (IRCA) required employers to verify that all newly hired employees presented "facially valid" documentation verifying the employee's identity and legal authorization to accept employment in the United States. The I-9 form, or more properly the Employment Eligibility Verification Form, is provided by the federal government for that purpose.

Every employee hired after November 6, 1986 must complete an I-9 form at the time of hire. Employees must complete Section 1 of the form upon commencing employment. The employer must complete Section 2 within three days of the employee's starting date at work. The employer is responsible for ensuring that the forms are completed properly and in a timely manner.

The I-9 is not required for unpaid volunteers or for contractors. However, a company could still find itself liable if it contracts work to a contractor it knows either is or employs unauthorized workers.

On November 14, 2016, the U.S. Citizenship and Immigration Services (USCIS) published a new I-9 Form. Use of the previous 2013 version of the I-9 form was only acceptable until January 22, 2017. Since January 22, 2017, all employers must use the revised I-9 Form.

If an employee cannot read or cannot write English, a translator or preparer may complete the form and sign it on their behalf. The form also requires the employee's own signature.

In October 2004, new legislation made it possible to complete the I-9 electronically.

In completing form I-9, a prospective employee attests, under penalty of perjury, that she/he is in one of the following categories:

With the form, a prospective employee must provide documents that prove his/her eligibility to work. A variety of documents is acceptable, some in a specified combination with another, as described below.

The prospective employee must provide

All documentation must be unexpired as of April 3, 2009

Documents that may be used under "List A" of the I-9 form to establish both identity and employment eligibility include:

Documents that may be used under "List B" of the I-9 to establish identity include:

For individuals under the age of 18 only, the following documents may be used to establish identity:

Employees who supply an item from List B (to establish identity) must also supply an item from List C (to establish employment eligibility).

Documents that may be used under "List C" of the I-9 to establish employment eligibility include:

U.S. citizens who have lost their social security card can apply for a duplicate at the Social Security Administration.

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