Requirements Form I-9

1 requirements

1.1 prerequisites employees
1.2 documentation proof of identity and/or employment authorization

1.2.1 list a
1.2.2 list b
1.2.3 list c


1.3 reverification
1.4 retention

requirements

the immigration reform , control act of 1986 (irca) required employers verify newly hired employees presented facially valid documentation verifying employee s identity , legal authorization accept employment in united states. i-9 form, or more employment eligibility verification form, provided federal government purpose.

every employee hired after november 6, 1986 must complete i-9 form @ time of hire. employees must complete section 1 of form upon commencing employment. employer must complete section 2 within 3 days of employee s starting date @ work. employer responsible ensuring forms completed , in timely manner.

the i-9 not required unpaid volunteers or contractors. however, company still find liable if contracts work contractor knows either or employs unauthorized workers.

on november 14, 2016, u.s. citizenship , immigration services (uscis) published new i-9 form. use of previous 2013 version of i-9 form acceptable until january 22, 2017. since january 22, 2017, employers must use revised i-9 form.

if employee cannot read or cannot write english, translator or preparer may complete form , sign on behalf. form requires employee s own signature.

in october 2004, new legislation made possible complete i-9 electronically.

prerequisites employees

in completing form i-9, prospective employee attests, under penalty of perjury, she/he in 1 of following categories:

a u.s. citizen
a non-u.s. citizen national
a lawful permanent resident
an alien authorized work

documentation proof of identity and/or employment authorization

with form, prospective employee must provide documents prove his/her eligibility work. variety of documents acceptable, in specified combination another, described below.

the prospective employee must provide

one document establishes both identity , employment eligibility (on list on i-9) or
one document establishes identity (on list b), document establishes employment eligibility (on list c)

all documentation must unexpired of april 3, 2009

list a

documents may used under list of i-9 form establish both identity , employment eligibility include:

an unexpired u.s. passport
a u.s. passport card
a permanent resident card (often called green card ) or alien registration receipt card photograph
an unexpired temporary resident card
an unexpired foreign passport i-551 stamp, or form i-94 (for alien authorized work restrictions. person should attach document(s) indicate(s) unexpired employment authorization)
an unexpired employment authorization document issued united states department of homeland security includes photograph (form i-766)
an unexpired employment authorization card

list b

documents may used under list b of i-9 establish identity include:

driver s license or i.d. card issued u.s. state or outlying possession of u.s., provided contains photograph or identifying information such name, date of birth, gender, height, eye color , address.
federal or state i.d. card provided contains photograph or identifying information such name, date of birth, gender, height, eye color , address.
school i.d. photograph
u.s. armed services identification card or draft record
voter registration card
u.s. coast guard merchant mariner card
native american tribal document
driver s license issued canadian government authority
trusted traveler documentation (global entry, nexus, sentri)

for individuals under age of 18 only, following documents may used establish identity:

school record or report card
clinic, doctor or hospital record
day-care or nursery school record

employees supply item list b (to establish identity) must supply item list c (to establish employment eligibility).

list c

documents may used under list c of i-9 establish employment eligibility include:

a u.s. social security card issued social security administration unless indicates 1 of following:

not valid employment (generally issued non-immigrant aliens unauthorized work)
valid work ins authorization
valid work dhs authorization


a birth certificate issued u.s. state department (form fs-545 or form ds-1350)
original or certified copy of birth certificate u.s. or outlying possession of u.s., bearing official seal
a certificate of u.s. citizenship (form n-560 or n-561)
a certificate of naturalization (form n-550 or n-570)
native american tribal document
u.s. citizen i.d. card (form i-197)
an i.d. card use of resident citizen in united states (form i-179)
an unexpired employment authorization card issued dept. of homeland security (other included on list a)

u.s. citizens have lost social security card can apply duplicate @ social security administration.

employees supply item list c (to establish employment eligibility) must supply item list b (to establish identity).

reverification

employers must update or reverify id documents @ or prior expiration date. not apply presented , accepted non-expired passports or permanent resident cards when reach expiration date, nor list b documents, e.g. state driver s licenses , state id s. uscis website, in employer section, employer bulletins, lists limited requirements , allowed instances reverification.

for u.s. citizens, i-9 s valid continuously unless break of more year of employment occurs. international employees on f-1 (student), h-1b (specialty occupation), or j-1 (exchange visitor) visas must have i-9 reverified each time visa has expired new work authorization permit (renewed visa work authorization, ead, permanent residence card, etc.).

retention

employers must retain form i-9 current employees. employers must retain form i-9 3 years after date of hire, or 1 year after date employment ends, whichever later. employers must show employees i-9 form time immigration or labor authority requests it.