Form I-9, Employment Eligibility Verification, remains a cornerstone of U.S. hiring compliance under the United States-Mexico-Canada Agreement (USMCA). Both employers and employees must complete the form to verify an individual’s identity and employment authorization for employment in the United States. For TN visa holders, understanding the latest 2025 USCIS requirements is crucial to avoid compliance pitfalls.
Purpose and Anti-Discrimination Requirements
The Form I-9 instructions emphasize that employers must allow employees to choose which documents from the Lists of Acceptable Documents to present. Employers cannot demand specific documents, nor can they request proof of citizenship or national origin. Discrimination during hiring, verification, or reverification can lead to civil penalties.
Key Points for Employers:
- Treat all employees equally, regardless of citizenship or immigration status.
- Accept any valid and unexpired document(s) from the Lists of Acceptable Documents.
- Do not reject documents solely because they have a future expiration date.
Completing Form I-9 for TN Visa Holders
Section 1 – Employee Information and Attestation
TN professionals must complete Section 1 no later than their first day of employment. Acceptable identifiers include:
- Alien Registration Number (A-Number) / USCIS Number
- Form I-94 Admission Number
- Foreign Passport Number and Country of Issuance
When selecting “An alien authorized to work,” TN visa holders should enter one of the above identifiers and list their employment authorization expiration date from their I-94 or work authorization document. If no expiration date exists, enter “N/A.”
Acceptable Documentation: TN Worker Combinations
To verify employment eligibility, TN visa holders can present either:
Option 1 – One document from List A
(e.g., a foreign passport with a valid Form I-94 indicating TN status)
Option 2 – A combination of one document from each of the following:
- List B (Identity): Valid foreign passport
- List C (Employment Authorization): Form I-94 showing TN classification
Employers must not request or specify which of these documents to provide.
Employer Responsibilities and Section 2 Compliance
Employers (or their authorized representatives) must:
- Complete Section 2 within three business days of the employee’s start date.
- Physically examine the original, unexpired documents or use a DHS-authorized remote examination procedure, if applicable.
- Record document details accurately, including title, issuing authority, document number, and expiration date.
- Sign and date the employer certification attesting to the document review.
If errors are found in Section 1, the employee, not the employer, must correct them, initial, and date the correction.
Reverification and Rehire (Supplement B)
Employers must reverify employment authorization before the TN worker’s authorization expires. Use Supplement B (Reverification and Rehire) to record new authorization details.
- Do not reverify U.S. citizens, lawful permanent residents, or those presenting unrestricted Social Security cards.
- Employers rehiring a TN worker within three years may either reverify on Supplement B or complete a new Form I-9.
Social Security Number (SSN) Clarifications
- An SSN is not required to complete Form I-9 unless the employer participates in E-Verify.
- If a TN employee has applied for but not yet received an SSN, the field may remain blank and be updated later once issued.
- Employers may not delay onboarding while waiting for the SSN.
Retention and Recordkeeping
Employers must retain each employee’s Form I-9 (and any attached supplements or photocopies) for:
- Three years after the hire date, or
- One year after employment ends — whichever is later.
Forms must be stored securely and made available upon request by DHS, DOL, or the DOJ Civil Rights Division.
E-Verify Employers: Additional Requirements
- The employee must provide an SSN.
- Only List B documents with photographs are acceptable.
- Employers must retain photocopies of specific documents used for E-Verify verification.
Penalties and Compliance Assurance
Employers who fail to complete or retain Form I-9 properly, or engage in discrimination, may face civil or criminal penalties under 8 U.S.C. §1324a and §1324b. Employees who knowingly falsify documentation or misrepresent their status may also face penalties or removal proceedings.
Conclusion
The updated 2025 Form I-9 emphasizes fairness, accuracy, and flexibility. Employers hiring TN visa professionals under the USMCA should:
- Follow current USCIS instructions.
- Train HR teams to prevent document discrimination.
- Maintain organized, secure I-9 records and stay alert to expiration and reverification timelines.
By adhering to these procedures, employers ensure full legal compliance while fostering a lawful, equitable workplace for all employees.
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