Form I-9 is a crucial document required by U.S. Citizenship and Immigration Services (USCIS) for verifying an individual’s eligibility to work in the United States. The form is central for use by employers and employees to ensure compliance with federal law. However, understanding the specifics of each section, how to properly fill out the form, and meeting its requirements can feel overwhelming, especially for immigrants trying to understand their rights and responsibilities in the workplace.
Section 1: Employee Information and Attestation
The first section of Form I-9 focuses on the employee’s personal information and their attestation of work authorization. This step requires accurate input of basic details such as full name, address, date of birth, and Social Security number.
Employees must also indicate their work authorization status by selecting one of the provided categories and signing the form to confirm the information’s accuracy. This section can be completed before the first date of employment after an offer has been accepted.
Section 2: Employer Review and Attestation
In this section, employers must verify the employee’s identity and eligibility to work in the United States by reviewing specific documents provided by the employee. These documents fall into three categories. You need at least one document from the first category or one of each from the second and third categories.
- Documents that Establish Both Identity and Employment Authorization
- U.S. Passport
- Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
- A foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa
- For individuals temporarily authorized to work for a specific employer because of his or her status or parole:
- Foreign passport
- Form I-94 or Form I-94A that has the following
- The same name as the passport and
- An endorsement of the individual’s status or parole as long as that period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form.
- Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI
- Documents That Establish Identity
- Driver’s License or ID issued by a state, federal, or local government that contains a photograph or information such as name, date of birth, gender, height, eye color, and address
- School ID card with a photograph
- Voter registration card
- U.S. military card
- Military dependent’s ID card
- U.S. Coast Guard Merchant Mariner Card
- Native American tribal document
- Driver’s license issued by a Canadian government authority
- For persons under 18:
- School record or report card
- Clinic, doctor, or hospital record
- Daycare or nursery school record
- Documents that Establish Employment Authorization
- Social Security Card unless it says one of the following:
- Not valid for employment
- Valid for work only with INS authorization
- Valid for work only with DHS authorization
- Birth certificate issued by the Department of State (Forms DS-1350, FS-545, or FS-240)
- Original certificated copy of birth certificate issued by a state, county, municipal authority, or territory in the U.S. bearing an official seal
- Native American tribal document
- U.S. Citizen ID Card (Form I-197)
- ID card for Use of Resident Citizen of the U.S. (Form I-179)
- Employment authorization document issued by the Department of Homeland Security
- Social Security Card unless it says one of the following:
Employers must ensure the documents appear genuine and relate to the employee, record the details accurately, and complete this section within three business days of the employee’s start date. Failure to follow these requirements can result in penalties or compliance issues.
Supplement A: Preparer and/or Translator Certification for Section 1
Supplement A is used when an employee requires assistance completing Section 1 due to language barriers or other reasons. The preparer or translator must confirm that the information provided is accurate and that the employee understands their attestation. This includes verifying the employee’s name, address, and work authorization status. The preparer or translator must also provide their own name, address, and signature.
This step is critical to maintaining the integrity of the information, ensuring transparency, and avoiding errors that could complicate the employee’s work eligibility. For example, if the employee uses a foreign passport and I-94 form to establish work authorization, the preparer must carefully review these documents and record them appropriately.
Supplement B: Reverification and Rehires
Employers use Supplement B when an employee’s work authorization needs to be reverified or if they are rehired within three years of the initial completion of Form I-9. In the case of reverification, employees must provide updated documentation from List A or List C that demonstrates their continued eligibility to work.
For example, an individual with a temporary employment authorization document may need to present a renewed version of the same document. For rehires, employers can reference the original Form I-9, provided no changes to work eligibility have occurred, or they can update the form as needed. This process ensures that employee records remain up to date and compliant with federal requirements.
Moving Immigrants and Businesses Forward
At Valvo & Associates, we help businesses and immigrants understand their responsibilities while navigating federal employment and immigration laws. Our team provides guidance to individuals and businesses to ensure compliance with Form I-9, helping you protect your interests and avoid legal issues.
Whether you’re an employer needing advice or an immigrant ensuring your employment eligibility, we’re here to support you. Contact Valvo & Associates to discuss your specific situation and find solutions tailored to your needs.