Form I-9

Tools and Resources


Form I-9 is from the USCIS (United States Citizenship and Immigration Services), a division of the U. S. Justice Department. Form I-9 must be completed for all new hires (including U.S. citizens) within the first three days of employment.

Employer Responsibilities for Form I-9

Note the statement at the top of Form I-9. "Please 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 eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because of a future expiration date may also constitute illegal discrimination."

Note the certification statement to be signed by the Employer in Section 2. "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 relate to the employee named, that the employee began employment on (month, date, year) __/__/__ and that to the best of my knowledge the employee is eligible to work in the United States." For this section, be sure that the start date for the employee corresponds to the date he/she becomes eligible to work.

Note: if the employee updates or re-verifies identity and eligibility to work, the employer must complete and sign section three of a previously completed Form I-9 attesting to the same.

If the previously completed Form I-9 is not available, all three sections of a new Form I-9 must be completed in this manner: Complete Sections 1 & 2 with the old visa and work permit data (with current signatures and dates for signing). Complete Section 3 and provide the update.

If the employee is authorized to work, but is unable to provide acceptable documentation for the Form I-9, he/she must present a receipt that he she has applied for appropriate immigration documents within three days of the employment start date.