USCIS Form I-9

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:

  1. 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
  2. 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.

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