Understanding Form I-9

What Is Form I-9?

In the U.S. there are millions of employment opportunities for citizens and non-citizens alike. However, the government has to keep track of lawful employment. USCIS Form I-9 is an Employment Eligibility Verification document that is used to verify the identity and employment authorization of new employees irrespective of whether they are U.S. citizens or immigrant workers. 

Who Is Required To Fill Form I-9?

Every new employee who performs labor or services in the U.S. for an employer in return for wages/remuneration is required to fill out this form. Even if you are working for an agricultural association/employer farm labor organization, or an individual, you are required to fill out Form I-9. 

How To Fill Out Form I-9?

Form I-9 contains two sections and two supplements. The first section is filled by the employee and the second by the employer. If you are rehired by the same employer, or your employment authorization needs to be re-authenticated then you may have to fill out Supplement B of Form I-9. 

Section 1

Filing out Section 1 is the sole responsibility of the Employee or their translator/preparer. 

1. The Employee is required to provide valid, unexpired documents as evidence of their identity and employment authorization. The list of acceptable documents is provided in the Handbook for Employers M-274. 
2. The employee is responsible to provide their full legal name, date of birth, citizenship or immigration status, and A-number, foreign passport number (if applicable) 
3. After filling out Form I-9 the Employee should sign and date. 

Section 2

Section 2 is filed either by the employer or an authorized representative. In Section 2 they are required to:

1. Review Section 1 of Form I-9, examine the documents submitted by the Employee and decide if they are genuine. 
2. Enter the date on which the Employment Authorization is expiring. 
3. Enter the date the employee began work for pay. 
4. Enter the business name and physical address. 
5. Sign and date at all the indicated fields(s). 

Supplement B

An employer is only required to fill this part of Form I-9 when:

• An employee is rehired by the employer within three years from the date the employee’s Form I-9 was first completed. 
• The employee’s employment authorization or List A or C documents have expired and are required to be re-verified. 
• The employee changes their legal name. 

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What Is The Cost Of Form I-9?

The USCIS does not charge any fee for filing Form I-9. You can get a free digital copy of the form from the website of the USCIS. 

What Is The Timeline For Completing Form I-9?

The Employee has to fill out Section 1 of Form I-9 after accepting the job offer but on or before the first day of employment.

The Employer has to fill out Section 2 of Form I-9 within 3 business days of the employee starting work. You must remember to only fill this part after the Employee has filed out Section 1 of Form I-9.

Conclusion 

Filing out Form I-9 is important for both employers and employees to verify the work authorization of the employee. At the end of the day, it is a legal document. In case there is any willful misrepresentation or failure to properly complete Form I-9, it can attract not only severe financial penalties but also may lead to civil charges and legal cases.

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