What is Form I-9 and Why Do You Need It?
If you are an employer or an employee in the United States, you may have heard of Form I-9. But what is it exactly and why do you need it? In this article, we will explain everything you need to know about downloading and filling out Form I-9.
Form I-9 is a document that verifies the identity and employment authorization of individuals hired for employment in the United States. It is required by federal law for all employers to complete and retain for each employee, regardless of their citizenship or immigration status. The purpose of Form I-9 is to ensure that only authorized workers are employed in the United States and to prevent identity theft, fraud, and discrimination.
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How to Fill Out Form I-9
Form I-9 consists of three sections that must be completed by both the employee and the employer or their authorized representative. Here is how to fill out each section:
Section 1: Employee Information and Attestation
Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment, but not before accepting a job offer. Employees must provide their personal information, such as name, address, date of birth, social security number, email address, and phone number. Employees must also attest to their citizenship or immigration status by checking one of the four boxes. Employees who are aliens authorized to work must provide their document number and expiration date (if applicable). Employees must sign and date Section 1 under penalty of perjury.
Here is an example of Section 1:
USCIS Form I-9 Form I-9 10/21/2019 Page 1 of OMB No. 1615-0047 Expires 10/31/2022 Employment Eligibility Verification Department of Homeland Security U.S. Citizenship and Immigration Services Section 1. Employee Information and Attestation (Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment, but not before accepting a job offer.) Last Name (Family Name) Smith First Name (Given Name) John Middle Initial J Other Last Names Used (if any) N/A Address (Street Number and Name) 123 Main Street Apt. Number 4B City or Town New York State NY ZIP Code 10001 Date of Birth (mm/dd/yyyy) 01/01/1990 U.S. Social Security Number 123-45-6789 Employee's E-mail Address john.smith@email.com Employee's Telephone Number 555-555-5555 I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form. I attest, under penalty of perjury, that I am (check one of the following boxes): 1. A citizen of the United States 2. A noncitizen national of the United States (See instructions) 3. A lawful permanent resident (Alien Registration Number/USCIS Number): 4. An alien authorized to work until (expiration date, if applicable, mm/dd/yyyy): Some aliens may write "N/A" in the expiration date field. (See instructions) Aliens authorized to work must provide only one of the following document numbers to complete Form I-9: An Alien Registration Number/USCIS Number OR Form I-94 Admission Number OR Foreign Passport Number. 1. Alien Registration Number/USCIS Number: OR 2. Form I-94 Admission Number: OR 3. Foreign Passport Number: Country of Issuance: QR Code - Section 1 Do Not Write In This Space Signature of Employee Today's Date (mm/dd/yyyy) John Smith 06/20/2023
Section 2: Employer or Authorized Representative Review and Verification
Employers or authorized representatives must complete and sign Section 2 of Form I-9 within three business days of the employee's first day of employment. Employers or authorized representatives must review the original documents that the employee presents to prove their identity and employment authorization, and record the document information in the appropriate fields. Employers or authorized representatives must also enter their business or organization name and address, and sign and date Section 2 under penalty of perjury.
Here is an example of Section 2:
USCIS Form I-9 Form I-9 10/21/2019 Page 2 of 3 Section 2. Employer or Authorized Representative Review and Verification (Employers or their authorized representative must complete and sign Section 2 within 3 business days of the employee's first day of employment. You must physically examine one document from List A OR a combination of one document from List B and one document from List C as listed on the "Lists of Acceptable Documents.") Last Name (Family Name) Smith M.I. J First Name (Given Name) John Citizenship/Immigration Status 1 Employee Info from Section 1 Document Title Issuing Authority Document Number Expiration Date (if any) (mm/dd/yyyy) Document List A OR List B AND List C List A Identity and Employment Authorization U.S. Passport U.S. Department of State XXXXXXXXX 01/01/2030 List B Identity N/A N/A N/A N/A List C Employment Authorization N/A N/A N/A N/A Additional Information N/A QR Code - Sections 2 & 3 Do Not Write In This Space Certification: I attest, under penalty of perjury, that (1) I have examined the document(s) presented by the above-named employee, (2) the above-listed document(s) appear to be genuine and to relate to the employee named, and (3) to the best of my knowledge the employee is authorized to work in the United States. The employee's first day of employment (mm/dd/yyyy): (See instructions for exemptions) 06/20/2023 Signature of Employer or Authorized Representative Today's Date (mm/dd/yyyy) Jane Doe 06/23/2023 Title of Employer or Authorized Representative HR Manager Last Name of Employer or Authorized Representative Doe First Name of Employer or Authorized Representative Jane Employer's Business or Organization Name ABC Inc. Employer's Business or Organization Address (Street Number and Name) 456 Main Street City or Town New York State NY ZIP Code 10002 Section 3: Reverification and Rehires
Employers or authorized representatives must complete and sign Section 3 of Form I-9 when an employee's employment authorization or documentation expires, changes, or is rehired within three years of the date on the original Form I-9. Employers or authorized representatives must enter the date of rehire (if applicable), the document title, number, and expiration date (if any) of the document(s) that the employee presents to establish current employment authorization, and sign and date Section 3 under penalty of perjury.
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Here is an example of Section 3:
USCIS Form I-9 Form I-9 10/21/2019 Page 3 of 3 Section 3. Reverification and Rehires (To be completed and signed by employer or authorized representative.) A. New Name (if applicable) Last Name (Family Name) First Name (Given Name) Middle Initial B. Date of Rehire (if applicable) (mm/dd/yyyy) C. If the employee's previous grant of employment authorization has expired, provide the information for the document or receipt that establishes continuing employment authorization in the space provided below. Document Title Document Number Expiration Date (if any) (mm/dd/yyyy) D. Additional Information QR Code - Sections 2 & 3 Do Not Write In This Space I attest, under penalty of perjury, that to the best of my knowledge, this employee is authorized to work in the United States, and if the employee presented document(s), the document(s) I have examined appear to be genuine and to relate to the individual. Signature of Employer or Authorized Representative Today's Date (mm/dd/yyyy) Jane Doe 07/01/2023 Title of Employer or Authorized Representative HR Manager Last Name of Employer or Authorized Representative Doe First Name of Employer or Authorized Representative Jane
How to Store and Retain Form I-9
Employers must keep completed Form I-9s for each employee on file for as long as the employee works for them, and for a certain period after the employee's termination. The retention period is either three years after the date of hire, or one year after the date of termination, whichever is later. Employers must make Form I-9s available for inspection by authorized government officers upon request.
Employers can store Form I-9s in paper, electronic, or microfilm/microfiche format, as long as they are accessible, readable, complete, and secure. Employers should follow these tips when storing and retaining Form I-9s:
Keep Form I-9s separate from other personnel records to facilitate inspections and protect employee privacy.
Store Form I-9s in a secure location that can prevent unauthorized access, theft, loss, damage, or tampering.
Maintain copies or electronic images of the documents that employees present with Form I-9s.
Establish a system to track the expiration dates of employees' employment authorization documents and remind them to present new documents before they expire.
Destroy Form I-9s that are no longer required to be retained by shredding, burning, or pulverizing them.
How to Download Form I-9
There are different ways to download Form I-9 depending on your preference and convenience. Here are some of the most common methods:
From USCIS Website
The official source of Form I-9 is the website of U.S. Citizenship and Immigration Services (USCIS), which is a federal agency that oversees lawful immigration to the United States. You can download Form I-9 from USCIS website in PDF format for free. You can also download the instructions for completing Form I-9, as well as other resources such as a handbook for employers, a list of acceptable documents, and a Spanish version of Form I-9 (for use in Puerto Rico only).
To download Form I-9 from USCIS website, follow these steps:
Go to [USCIS website].
Click on "Forms" in the top menu bar.
Find "Form I-9" in the list of forms and click on it.
Click on "Download Instructions" to download the instructions for completing Form I-9.
Click on "Download Form" to download Form I-9 in PDF format.
Save the file to your computer or device.
From Google Forms
Another way to download Form I-9 is from Google Forms, a free online form creator that allows you to create and fill out forms, surveys, quizzes, and more. You can download Form I-9 from Google Forms in PDF or DOCX format for free. You can also edit, share, and print Form I-9 from Google Forms.
To download Form I-9 from Google Forms, follow these steps:
Go to [Google Forms].
Sign in with your Google account or create one if you don't have one.
Click on "Template Gallery" in the top right corner.
Find "Form I-9" in the list of templates and click on it.
Fill out Form I-9 online or leave it blank if you want to print it and fill it out by hand.
Click on "More" (three vertical dots) in the top right corner.
Select "Download" and choose either PDF or DOCX format.
Save the file to your computer or device.
From Chrome Web Browser
A third way to download Form I-9 is from the Chrome web browser, a popular and fast web browser that offers many features and extensions. You can download Form I-9 from Chrome web browser in PDF format for free. You can also view, print, and save Form I-9 from Chrome web browser.
To download Form I-9 from Chrome web browser, follow these steps:
Open Chrome web browser on your computer or device.
Type "Form I-9" in the address bar and press enter.
Click on the first result that says "Form I-9 - USCIS".
Wait for the PDF file to load on your browser.
Right-click on the PDF file and select "Save as".
Choose a location and a name for the file and click "Save".
Common Mistakes to Avoid When Downloading and Filling Out Form I-9
Downloading and filling out Form I-9 may seem simple, but there are some common mistakes that employers and employees make that can result in fines, penalties, or audits. Here are some of the most common errors to avoid when downloading and filling out Form I-9:
Using outdated versions of Form I-9. Always make sure to use the most recent version of Form I-9, which is currently dated 10/21/2019. You can check the date on the bottom left corner of each page of Form I-9.
Missing signatures or dates. Both the employee and the employer or authorized representative must sign and date their respective sections of Form I-9. Missing signatures or dates can invalidate Form I-9 and cause compliance issues.
Entering incorrect or incomplete information. Make sure to enter accurate and complete information for each field of Form I-9. For example, do not enter a nickname instead of a legal name, do not leave any fields blank, do not use abbreviations or symbols, etc.
Mismatching documents and information. Make sure that the documents that the employee presents match the information that they enter on Section 1 of Form I-9. For example, if the employee attests to being a lawful permanent resident, they must present a permanent resident card (Form I-551) as a List A document.
Failing to update or reverify Form I-9. Make sure to update or reverify Form I-9 when an employee's employment authorization or documentation expires, changes, or is rehired within three years of the date on the original Form I-9. Use Section 3 of Form I-9 for this purpose.
Conclusion
In conclusion, downloading and filling out Form I-9 is an essential part of hiring and employing workers in the United States. It is important to understand what Form I-9 is, how to fill it out, how to store and retain it, how to download it, and how to avoid common mistakes when doing so. By following the guidelines and tips in this article, you can ensure that you comply with federal law and avoid any potential problems with your employees' identity and employment authorization.
If you need more information or assistance with downloading and filling out Form I-9, you can visit [USCIS website] or contact their customer service at 1-800-375-5283. You can also consult with an immigration lawyer or a human resources professional for more guidance.
We hope you found this article helpful and informative. If you have any questions or feedback, please feel free to leave a comment below. Thank you for reading and happy downloading and filling out Form I-9!
FAQs
Here are some of the frequently asked questions about downloading and filling out Form I-9:
Q: Where can I find the lists of acceptable documents for Form I-9?
A: You can find the lists of acceptable documents for Form I-9 on the last page of the form, or on [USCIS website]. The lists are divided into three categories: List A (documents that establish both identity and employment authorization), List B (documents that establish identity only), and List C (documents that establish employment authorization only). Employees must present either one document from List A, or a combination of one document from List B and one document from List C.
Q: Can I use a photocopy or a digital copy of Form I-9?
A: No, you must use an original and unaltered paper or electronic version of Form I-9. You cannot use a photocopy or a digital copy of Form I-9, unless you are using an electronic system that meets the standards set by USCIS. You can find more information about electronic Form I-9 systems on [USCIS website].
Q: Can I fill out Form I-9 in a language other than English?
A: No, you must fill out Form I-9 in English, unless you are an employer or an employee in Puerto Rico. In Puerto Rico, you can use the Spanish version of Form I-9, which is available on [USCIS website]. However, you must still retain the English version of Form I-9 for inspection purposes.
Q: How do I correct a mistake on Form I-9?
A: If you make a mistake on Form I-9, you should correct it as soon as possible. To correct a mistake on Form I-9, you should draw a line through the incorrect information, enter the correct information, and initial and date the correction. You should not erase, white out, or otherwise conceal the original information. You should also attach a note explaining the reason for the correction.
Q: What are the penalties for not downloading and filling out Form I-9 correctly?
A: If you fail to download and fill out Form I-9 correctly, you may face civil fines, criminal penalties, or debarment from government contracts. The amount of the fines and penalties depends on the type and severity of the violation, as well as other factors such as the size of the business, the good faith of the employer, and the history of previous violations. You can find more information about the penalties for Form I-9 violations on [USCIS website].
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