The purpose of USCIS Form I-9, Employment Eligibility Verification, is to verify both the identity and employment authorization of employees hired to work in the United States. Employers are required to complete Form I-9 for ALL employees hired to work in the United States. Read more about USCIS Form I-9 and why it is important.
What is USCIS Form I-9?
USCIS Form I-9 is used by US employers to verify the identity and employer authorization of ALL employees hired to work in the United States. All employers are required to properly complete USCIS Form I-9 for all employees hired to work inside the United States. Form I-9 is required for both US citizens and noncitizens. Both the US employer and employee must complete Form I-9.
When should we complete USICS Form I-9?
There are two important dates to keep in mind for the completion of USCIS Form I-9:
- After the employee has accepted the job offer and before the employee’s first day of work for pay, the employee should complete and return Section 1 of Form I-9 along with the required documents to prove identity and work authorization; AND
- The employer should complete Section 2 of Form I-9 no later than the 3rd business day after the employee starts work for pay.
Where do we file USICS Form I-9?
USCIS Form I-9 is NOT filed with USCIS. However, US employers are required to:
- Maintain a properly executed Form I-9 on file for each employee on the payroll;
- Retain and store a Form I-9 for each employee for three (3) years after the date of hire, or for one (1) year after employment is terminated, whichever is later, AND
- Have USCIS Form I-9 available for inspection if requested by US government officials.
What are the exceptions to USICS Form I-9?
US employers are required to complete and retain a Form I-9 for ALL employees hired for employment in the United States, with the following exceptions:
- Individuals hired on or before Nov. 6, 1986, who are continuing in their employment and have a reasonable expectation of employment at all times. Also excepted are individuals hired for employment in the Commonwealth of the Northern Mariana Islands (CNMI) on or before Nov. 27, 2009.
- Individuals employed for casual domestic work in a private home on a sporadic, irregular, or intermittent basis.
- Independent contractors or individuals providing labor to you if they are employed by a contractor providing contract services (for example, employee leasing or temporary agencies).
- Individuals not physically working in the US.
NOTE – Federal law prohibits individuals or businesses from contracting with an independent contractor knowing that the independent contractor is not authorized to work in the United States.
Additional Outside Resources
- I-9, Employment Eligibility Verification
- USCIS Form I-9 Training
- USCIS Form I-9 Questions and Answers
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The immigration lawyers at Richards and Jurusik Immigration Law have more than 20 years of experience helping people to live and work in the United States. Contact us today for an assessment of your legal situation.