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What is Form I-9 and Why Do You Need It?
If you are an employer or an employee in the United States, you may have heard of Form I-9. But what is it exactly and why do you need it? In this article, we will explain everything you need to know about downloading and filling out Form I-9.
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Form I-9 is a document that verifies the identity and employment authorization of individuals hired for employment in the United States. It is required by federal law for all employers to complete and retain for each employee, regardless of their citizenship or immigration status. The purpose of Form I-9 is to ensure that only authorized workers are employed in the United States and to prevent identity theft, fraud, and discrimination.
How to Fill Out Form I-9
Form I-9 consists of three sections that must be completed by both the employee and the employer or their authorized representative. Here is how to fill out each section:
Section 1: Employee Information and Attestation
Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment, but not before accepting a job offer. Employees must provide their personal information, such as name, address, date of birth, social security number, email address, and phone number. Employees must also attest to their citizenship or immigration status by checking one of the four boxes. Employees who are aliens authorized to work must provide their document number and expiration date (if applicable). Employees must sign and date Section 1 under penalty of perjury.
Here is an example of Section 1:
USCIS Form I-9 Form I-9 10/21/2019 Page 1 of OMB No. 1615-0047 Expires 10/31/2022 Employment Eligibility Verification Department of Homeland Security U.S. Citizenship and Immigration Services Section 1. Employee Information and Attestation (Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment, but not before accepting a job offer.) Last Name (Family Name) Smith First Name (Given Name) John Middle Initial J Other Last Names Used (if any) N/A Address (Street Number and Name) 123 Main Street Apt. Number 4B City or Town New York State NY ZIP Code 10001 Date of Birth (mm/dd/yyyy) 01/01/1990 U.S. Social Security Number 123-45-6789 Employee's E-mail Address john.smith@email.com Employee's Telephone Number 555-555-5555 I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form. I attest, under penalty of perjury, that I am (check one of the following boxes): 1. A citizen of the United States 2. A noncitizen national of the United States (See instructions) 3. A lawful permanent resident (Alien Registration Number/USCIS Number): 4. An alien authorized to work until (expiration date, if applicable, mm/dd/yyyy): Some aliens may write "N/A" in the expiration date field. (See instructions) Aliens authorized to work must provide only one of the following document numbers to complete Form I-9: An Alien Registration Number/USCIS Number OR Form I-94 Admission Number OR Foreign Passport Number. 1. Alien Registration Number/USCIS Number: OR 2. Form I-94 Admission Number: OR 3. Foreign Passport Number: Country of Issuance: QR Code - Section 1 Do Not Write In This Space Signature of Employee Today's Date (mm/dd/yyyy) John Smith 06/20/2023
Section 2: Employer or Authorized Representative Review and Verification
Employers or authorized representatives must complete and sign Section 2 of Form I-9 within three business days of the employee's first day of employment. Employers or authorized representatives must review the original documents that the employee presents to prove their identity and employment authorization, and record the document information in the appropriate fields. Employers or authorized representatives must also enter their business or organization name and address, and sign and date Section 2 under penalty of perjury.
Here is an example of Section 2:
USCIS Form I-9 Form I-9 10/21/2019 Page 2 of 3 Section 2. Employer or Authorized Representative Review and Verification (Employers or their authorized representative must complete and sign Section 2 within 3 business days of the employee's first day of employment. You must physically examine one document from List A OR a combination of one document from List B and one document from List C as listed on the "Lists of Acceptable Documents.") Last Name (Family Name) Smith M.I. J First Name (Given Name) John Citizenship/Immigration Status 1 Employee Info from Section 1 Document Title Issuing Authority Document Number Expiration Date (if any) (mm/dd/yyyy) Document List A OR List B AND List C List A Identity and Employment Authorization U.S. Passport U.S. Department of State XXXXXXXXX 01/01/2030 List B Identity N/A N/A N/A N/A List C Employment Authorization N/A N/A N/A N/A Additional Information N/A QR Code - Sections 2 & 3 Do Not Write In This Space Certification: I attest, under penalty of perjury, that (1) I have examined the document(s) presented by the above-named employee, (2) the above-listed document(s) appear to be genuine and to relate to the employee named, and (3) to the best of my knowledge the employee is authorized to work in the United States. The employee's first day of employment (mm/dd/yyyy): (See instructions for exemptions) 06/20/2023 Signature of Employer or Authorized Representative Today's Date (mm/dd/yyyy) Jane Doe 06/23/2023 Title of Employer or Authorized Representative HR Manager Last Name of Employer or Authorized Representative Doe First Name of Employer or Authorized Representative Jane Employer's Business or Organization Name ABC Inc. Employer's Business or Organization Address (Street Number and Name) 456 Main Street City or Town New York State NY ZIP Code 10002 Section 3: Reverification and Rehires
Employers or authorized representatives must complete and sign Section 3 of Form I-9 when an employee's employment authorization or documentation expires, changes, or is rehired within three years of the date on the original Form I-9. Employers or authorized representatives must enter the date of rehire (if applicable), the document title, number, and expiration date (if any) of the document(s) that the employee presents to establish current employment authorization, and sign and date Section 3 under penalty of perjury.
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Here is an example of Section 3:
USCIS Form I-9 Form I-9 10/21/2019 Page 3 of 3 Section 3. Reverification and Rehires (To be completed and signed by employer or authorized representative.) A. New Name (if applicable) Last Name (Family Name) First Name (Given Name) Middle Initial B. Date of Rehire (if applicable) (mm/dd/yyyy) C. If the employee's previous grant of employment authorization has expired, provide the information for the document or receipt that establishes continuing employment authorization in the space provided below. Document Title Document Number Expiration Date (if any) (mm/dd/yyyy) D. Additional Information QR Code - Sections 2 & 3 Do Not Write In This Space I attest, under penalty of perjury, that to the best of my knowledge, this employee is authorized to work in the United States, and if the employee presented document(s), the document(s) I have examined appear to be genuine and to relate to the individual. Signature of Employer or Authorized Representative Today's Date (mm/dd/yyyy) Jane Doe 07/01/2023 Title of Employer or Authorized Representative HR Manager Last Name of Employer or Authorized Representative Doe First Name of Employer or Authorized Representative Jane
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