i-9.pdf
- 1. OMB No. 1615-0047; Expires 08/31/12 Department of Homeland Security Form I-9, Employment U.S. Citizenship and Immigration Services Eligibility Verification Instructions Read all instructions carefully before completing this form. Anti-Discrimination Notice. It is illegal to discriminate against in Section 2 evidence of employment authorization that any individual (other than an alien not authorized to work in the contains an expiration date (e.g., Employment Authorization United States) in hiring, discharging, or recruiting or referring for a Document (Form I-766)). fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work-authorized individuals. Preparer/Translator Certification Employers CANNOT specify which document(s) they will accept The Preparer/Translator Certification must be completed if from an employee. The refusal to hire an individual because the Section 1 is prepared by a person other than the employee. A documents presented have a future expiration date may also preparer/translator may be used only when the employee is constitute illegal discrimination. For more information, call the unable to complete Section 1 on his or her own. However, the Office of Special Counsel for Immigration Related Unfair Employment Practices at 1-800-255-8155. employee must still sign Section 1 personally. Section 2, Employer What Is the Purpose of This Form? For the purpose of completing this form, the term "employer" means all employers including those recruiters and referrers The purpose of this form is to document that each new for a fee who are agricultural associations, agricultural employee (both citizen and noncitizen) hired after November employers, or farm labor contractors. Employers must 6, 1986, is authorized to work in the United States. complete Section 2 by examining evidence of identity and employment authorization within three business days of the date employment begins. However, if an employer hires an When Should Form I-9 Be Used? individual for less than three business days, Section 2 must be All employees (citizens and noncitizens) hired after November completed at the time employment begins. Employers cannot 6, 1986, and working in the United States must complete specify which document(s) listed on the last page of Form I-9 Form I-9. employees present to establish identity and employment authorization. Employees may present any List A document Filling Out Form I-9 OR a combination of a List B and a List C document. If an employee is unable to present a required document (or Section 1, Employee documents), the employee must present an acceptable receipt This part of the form must be completed no later than the time in lieu of a document listed on the last page of this form. of hire, which is the actual beginning of employment. Receipts showing that a person has applied for an initial grant Providing the Social Security Number is voluntary, except for of employment authorization, or for renewal of employment employees hired by employers participating in the USCIS authorization, are not acceptable. Employees must present Electronic Employment Eligibility Verification Program (E- receipts within three business days of the date employment Verify). The employer is responsible for ensuring that begins and must present valid replacement documents within Section 1 is timely and properly completed. 90 days or other specified time. Noncitizen nationals of the United States are persons born in Employers must record in Section 2: American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of 1. Document title; noncitizen nationals born abroad. 2. Issuing authority; 3. Document number; Employers should note the work authorization expiration 4. Expiration date, if any; and date (if any) shown in Section 1. For employees who indicate 5. The date employment begins. an employment authorization expiration date in Section 1, employers are required to reverify employment authorization Employers must sign and date the certification in Section 2. for employment on or before the date shown. Note that some Employees must present original documents. Employers may, employees may leave the expiration date blank if they are but are not required to, photocopy the document(s) presented. aliens whose work authorization does not expire (e.g., asylees, If photocopies are made, they must be made for all new hires. refugees, certain citizens of the Federated States of Micronesia Photocopies may only be used for the verification process and or the Republic of the Marshall Islands). For such employees, must be retained with Form I-9. Employers are still reverification does not apply unless they choose to present responsible for completing and retaining Form I-9. Form I-9 (Rev. 08/07/09) Y
- 2. For more detailed information, you may refer to the Information about E-Verify, a free and voluntary program that USCIS Handbook for Employers (Form M-274). You may allows participating employers to electronically verify the obtain the handbook using the contact information found employment eligibility of their newly hired employees, can be under the header "USCIS Forms and Information." obtained from our website at www.uscis.gov/e-verify or by calling 1-888-464-4218. Section 3, Updating and Reverification General information on immigration laws, regulations, and Employers must complete Section 3 when updating and/or procedures can be obtained by telephoning our National reverifying Form I-9. Employers must reverify employment Customer Service Center at 1-800-375-5283 or visiting our authorization of their employees on or before the work Internet website at www.uscis.gov. authorization expiration date recorded in Section 1 (if any). Employers CANNOT specify which document(s) they will accept from an employee. Photocopying and Retaining Form I-9 A. If an employee's name has changed at the time this form is being updated/reverified, complete Block A. A blank Form I-9 may be reproduced, provided both sides are copied. The Instructions must be available to all employees B. If an employee is rehired within three years of the date completing this form. Employers must retain completed Form this form was originally completed and the employee is I-9s for three years after the date of hire or one year after the still authorized to be employed on the same basis as date employment ends, whichever is later. previously indicated on this form (updating), complete Block B and the signature block. Form I-9 may be signed and retained electronically, as authorized in Department of Homeland Security regulations C. If an employee is rehired within three years of the date at 8 CFR 274a.2. this form was originally completed and the employee's work authorization has expired or if a current employee's work authorization is about to expire Privacy Act Notice (reverification), complete Block B; and: The authority for collecting this information is the 1. Examine any document that reflects the employee Immigration Reform and Control Act of 1986, Pub. L. 99-603 is authorized to work in the United States (see List (8 USC 1324a). A or C); This information is for employers to verify the eligibility of 2. Record the document title, document number, and individuals for employment to preclude the unlawful hiring, or expiration date (if any) in Block C; and recruiting or referring for a fee, of aliens who are not 3. Complete the signature block. authorized to work in the United States. Note that for reverification purposes, employers have the option of completing a new Form I-9 instead of completing This information will be used by employers as a record of Section 3. their basis for determining eligibility of an employee to work in the United States. The form will be kept by the employer What Is the Filing Fee? and made available for inspection by authorized officials of the Department of Homeland Security, Department of Labor, There is no associated filing fee for completing Form I-9. This and Office of Special Counsel for Immigration-Related Unfair form is not filed with USCIS or any government agency. Form Employment Practices. I-9 must be retained by the employer and made available for Submission of the information required in this form is inspection by U.S. Government officials as specified in the voluntary. However, an individual may not begin employment Privacy Act Notice below. unless this form is completed, since employers are subject to civil or criminal penalties if they do not comply with the USCIS Forms and Information Immigration Reform and Control Act of 1986. To order USCIS forms, you can download them from our website at www.uscis.gov/forms or call our toll-free number at 1-800-870-3676. You can obtain information about Form I-9 from our website at www.uscis.gov or by calling 1-888-464-4218. EMPLOYERS MUST RETAIN COMPLETED FORM I-9 Form I-9 (Rev. 08/07/09) Y Page 2 DO NOT MAIL COMPLETED FORM I-9 TO ICE OR USCIS
- 3. Paperwork Reduction Act An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 12 minutes per response, including the time for reviewing instructions and completing and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachusetts Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC 20529-2210. OMB No. 1615-0047. Do not mail your completed Form I-9 to this address. Form I-9 (Rev. 08/07/09) Y Page 3
- 4. OMB No. 1615-0047; Expires 08/31/12 Department of Homeland Security Form I-9, Employment U.S. Citizenship and Immigration Services Eligibility Verification Read instructions carefully before completing this form. The instructions must be available during completion of this form. ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work-authorized individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents have a future expiration date may also constitute illegal discrimination. Section 1. Employee Information and Verification (To be completed and signed by employee at the time employment begins.) Print Name: Last First Middle Initial Maiden Name Address (Street Name and Number) Apt. # Date of Birth (month/day/year) City State Zip Code Social Security # I attest, under penalty of perjury, that I am (check one of the following): I am aware that federal law provides for A citizen of the United States imprisonment and/or fines for false statements or use of false documents in connection with the A noncitizen national of the United States (see instructions) completion of this form. A lawful permanent resident (Alien #) An alien authorized to work (Alien # or Admission #) until (expiration date, if applicable - month/day/year) Employee's Signature Date (month/day/year) Preparer and/or Translator Certification (To be completed and signed if Section 1 is prepared by a person other than the employee.) I attest, under penalty of perjury, that I have assisted in the completion of this form and that to the best of my knowledge the information is true and correct. Preparer's/Translator's Signature Print Name Address (Street Name and Number, City, State, Zip Code) Date (month/day/year) Section 2. Employer Review and Verification (To be completed and signed by employer. Examine one document from List A OR examine one document from List B and one from List C, as listed on the reverse of this form, and record the title, number, and expiration date, if any, of the document(s).) List A OR List B AND List C Document title: Issuing authority: Document #: Expiration Date (if any): Document #: Expiration Date (if any): CERTIFICATION: I attest, under penalty of perjury, that I have examined the document(s) presented by the above-named employee, that the above-listed document(s) appear to be genuine and to relate to the employee named, that the employee began employment on (month/day/year) and that to the best of my knowledge the employee is authorized to work in the United States. (State employment agencies may omit the date the employee began employment.) Signature of Employer or Authorized Representative Print Name Title Business or Organization Name and Address (Street Name and Number, City, State, Zip Code) Date (month/day/year) Section 3. Updating and Reverification (To be completed and signed by employer.) A. New Name (if applicable) B. Date of Rehire (month/day/year) (if applicable) C. If employee's previous grant of work authorization has expired, provide the information below for the document that establishes current employment authorization. Document Title: Document #: Expiration Date (if any): l 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) l have examined appear to be genuine and to relate to the individual. Signature of Employer or Authorized Representative Date (month/day/year) Form I-9 (Rev. 08/07/09) Y Page 4
- 5. LISTS OF ACCEPTABLE DOCUMENTS All documents must be unexpired LIST A LIST B LIST C Documents that Establish Both Documents that Establish Documents that Establish Identity and Employment Identity Employment Authorization Authorization OR AND 1. U.S. Passport or U.S. Passport Card 1. Driver's license or ID card issued by 1. Social Security Account Number a State or outlying possession of the card other than one that specifies United States provided it contains a on the face that the issuance of the photograph or information such as card does not authorize 2. Permanent Resident Card or Alien name, date of birth, gender, height, employment in the United States Registration Receipt Card (Form eye color, and address I-551) 2. Certification of Birth Abroad 2. ID card issued by federal, state or issued by the Department of State 3. Foreign passport that contains a local government agencies or (Form FS-545) temporary I-551 stamp or temporary entities, provided it contains a I-551 printed notation on a machine- photograph or information such as readable immigrant visa name, date of birth, gender, height, eye color, and address 3. Certification of Report of Birth issued by the Department of State (Form DS-1350) 4. Employment Authorization Document 3. School ID card with a photograph that contains a photograph (Form I-766) 4. Voter's registration card 4. Original or certified copy of birth certificate issued by a State, 5. In the case of a nonimmigrant alien 5. U.S. Military card or draft record county, municipal authority, or authorized to work for a specific territory of the United States employer incident to status, a foreign bearing an official seal 6. Military dependent's ID card passport with Form I-94 or Form I-94A bearing the same name as the 7. U.S. Coast Guard Merchant Mariner passport and containing an 5. Native American tribal document Card endorsement of the alien's nonimmigrant status, as long as the 8. Native American tribal document period of endorsement has not yet expired and the proposed 6. U.S. Citizen ID Card (Form I-197) 9. Driver's license issued by a Canadian employment is not in conflict with government authority any restrictions or limitations identified on the form For persons under age 18 who 7. Identification Card for Use of are unable to present a Resident Citizen in the United document listed above: States (Form I-179) 6. Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with 10. School record or report card 8. Employment authorization Form I-94 or Form I-94A indicating document issued by the nonimmigrant admission under the 11. Clinic, doctor, or hospital record Department of Homeland Security Compact of Free Association Between the United States and the FSM or RMI 12. Day-care or nursery school record Illustrations of many of these documents appear in Part 8 of the Handbook for Employers (M-274) Form I-9 (Rev. 08/07/09) Y Page 5