If you are considering employing one or more persons for your business, you are required to comply with the U.S. Citizenship and Immigration Services (USCIS) requirements for verifying the identity and employment eligibility of each individual you hire.
VisaPro’s experienced immigration attorneys will prepare all the required documents for U.S. companies to properly document and audit their I-9 forms.
I-9 Reviews Eligibility – It Is Suitable For:
- U.S. companies to obtain outside confirmation of I-9 compliance with USCIS regulations and requirements
Purpose of Form I-9
The Form I-9, employment eligibility verification, is used to establish the employment eligibility of persons being considered for employment, and therefore requiring you to hire only those persons who are eligible to legally work in the U.S.
The law also obliges U.S. employers not to discriminate against individuals on the basis of national origin or citizenship, or require different documents from an individual.
Note: Independent contractors are not subject to the I-9 requirement, but if you know an independent contractor lacks work authorization, retaining the contractor will constitute a violation of Immigration Reform and Control Act (IRCA).
Who Requires Form I-9
All employees, citizens and noncitizens, hired after November 6, 1986, must complete the Form I-9 at the time of hire, which is the actual beginning of employment. The employer is responsible for ensuring that section one is completed properly and in time.
You (U.S. employer) must have a Form I-9 in your files for each new employee, unless:
- The employee was hired before November 7, 1986, and has been continuously employed by you
- The employee is providing domestic services in your private household, and the services are sporadic, irregular or intermittent
- The employee is providing services as an independent contractor (i.e. carry on independent business, contract to do a piece of work according to their own means and methods and are subject to control only as to results for whom you do not set work hours or provide necessary tools to do the job, or whom you don’t have authority to hire and fire)
- The employee is providing services under a contract, subcontract, or exchange entered into after November 6, 1986. (In such cases, the contractor is the employer for I-9 compliance purposes for example, a temporary employment agency)
Completing Form I-9
The Form I-9 must be completed for each employee within three days of the start of employment. If the duration of employment is less than three days, Form I-9 must be completed at the time employment begins.
A. Section One of The Form
You must ensure that the employee fully completes section one of the Form at the time of hire, when the employee begins to work, by filling in the correct information, signing, and dating the Form.
If your employee cannot complete the Form, or if they need translation, you must assist them in completing the Form. You are responsible for reviewing and ensuring that your employees fully and accurately complete section one.
B. Section Two of The Form
Employees must present to you original documents that establish identity and employment eligibility within three business days of the date employment begins.
You must then examine the original documents presented by the employee and then fully complete section two of the Form I-9.
C. Section Three of The Form
You must complete section three of the Form I-9 when updating and/or re-verifying the I-9. You must re-verify employment eligibility of your employees on or before the expiration date recorded in section one.
Required Documents For Form I-9
Your employee may submit one document from List A, or one document each from List B and List C.
Note: You must not specify which documents an employee may present. You must accept any documents presented by the employee, which appear to be reasonably genuine and relate to the person presenting them.
A. Documents In List A – Documents That Establish Identity And Employment Eligibility
- U.S. Passport (unexpired or expired) or Passport card
- USCIS Form I-551, Permanent Resident Card or Alien Registration Receipt Card with photograph
- Foreign Passport with temporary I-551 stamp or temporary I-551 notation on a machine-readable immigrant visa (MRIV)
- USCIS Form I-766, Unexpired Employment Authorization Document (card) that contains a Photograph.
- In the case of a non immigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I-94 or Form I-94A bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, as long as the 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
B. Documents In List B – Documents That Establish Identity
- Driver’s license or ID card issued by a state or outlying possession of the U.S. provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address
- ID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address
- School ID card with a photograph
- Voter’s registration card
- U.S. Military card or draft record
- Military dependent’s ID card
- U.S. Coast Guard Merchant Mariner Card
- Driver’s license issued by a Canadian government authority
- Native American tribal document.
For persons under eighteen(18), who are unable to present documents listed above:
- School record or report card
- Clinic, doctor or hospital record
- Day-care or nursery school record
C. Documents In List C – Documents That Establish Employment Eligibility
- U.S. social security card issued by the Social Security Administration (other than a card stating it is not valid for employment)
- Form FS-545 or Form DS-1350, Certification of Birth Abroad issued by the Department of State
- Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the U.S. bearing an official seal
- Native American tribal document
- USCIS Form I-197, U.S. Citizen ID Card
- USCIS Form I-179, ID Card for use of Resident Citizen in the U.S
- Unexpired employment authorization document issued by the USCIS (other than those listed under List A)
Anti Discrimination Requirements
The IRCA prohibited discrimination in hiring and discharging based on national origin or citizenship status.
- An employer cannot demand more or different documents than an employee chooses to present, provided that the documents presented meet the Form I-9 compliance requirements
- Protected persons must be considered for employment only on the basis of qualifications, experience, and personal merit. Accordingly, the Form I-9 compliance process may not be used to pre-screen employees for hiring
Note: Anti-discrimination provisions are enforceable against employers of four or more employees found to have discriminated against any person, other than an unauthorized foreign national, in hiring, discharging, recruiting or referring for a fee because of that person’s national origin or, in the case of citizens or protected individuals, citizenship status.
I-9 Immigration Form Notes
- Qualified U.S. companies that frequently transfer non-U.S. employees to their U.S. branches, subsidiaries or affiliates may do so easily by obtaining L1 Blanket status. Consult with a VisaPro attorney to determine if your company qualifies for L1 Blanket status.
I-9 Immigration Form Fees
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