What is it?

Form I-9 (Employment Eligibility Verification) requirements stem from the Immigration Reform and Control Act of 1986. This act prohibits employers from hiring and employing an individual for employment in the U.S. knowing that the individual is not authorized with respect to such employment. Employers are also prohibited from continuing to employ an individual knowing that he or she is unauthorized for  employment. This law also prohibits employers from hiring any individual, including a U.S. citizen, for employment in the U.S. without verifying his or her identity and employment authorization on Form I-9.

Who must fill out the form?

Employers are required to complete and retain a form I-9 for every employee they hire for employment in the United States, except for:

Federal law prohibits individuals or businesses from contracting with an independent contractor knowing that the independent contractor is not authorized to work in the U.S.

The process

The I-9 form consists of three sections:

Section 1

When completing Form I-9, you must make available to your employee the complete instructions to the form and the list of acceptable documents. Your newly hired employee must complete and sign Section 1 of Form I-9 no later than their first day of employment.

You may have your employee complete Form I-9:

Employee responsibilities for Section 1

Employees can have help completing Section 1, including using a translator.

Employees must provide their:

Employer responsibilities for Section 1

You must:

In addition:

Section 2

Employers must complete and sign Section 2 of Form I-9 within 3 business days of the date of hire of their employee.

Employee responsibilities for Section 2

Employees must present unexpired original documentation that shows the employer their identity and employment authorization. Your employees choose which documentation to present.

Employees must present:

Note:

Employer responsibilities for Section 2

An employer or an authorized representative of the employer completes Section 2. Employers or their authorized representatives must physically examine the documentation presented by the employee and sign the form.

The employer or authorized representative must:

Section 3

Employers must complete Section 3 when an employee’s employment authorization or documentation of employment authorization has expired.

Employers may complete Section 3 when an employee is rehired within 3 years of the date that the Form I-9 was originally completed, or the employee has had a legal name change.

Employers should not reverify:

Rehires

If you rehire an employee within 3 years of the date that a previous I-9 form was complete, you may either complete a new Form I-9 for your employee or complete Section 3 of the previous I-9.

To complete Section 3 for rehires, you must: