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Form I-9

Form I-9 is the federal form every US employer completes for each new hire to verify identity and authorization to work in the United States.

Form I-9, Employment Eligibility Verification, is the form US employers use to verify the identity and employment authorization of every person they hire for employment in the United States, citizens and noncitizens alike.

It has two main parts. The employee completes and signs Section 1 no later than their first day of employment. The employer completes Section 2 within three business days of the employee's first day, after examining the documents the employee presents.

Documents

The employee chooses what to present from the Lists of Acceptable Documents: one document from List A, or one from List B plus one from List C. The employer may not tell the employee which documents to bring. Employers generally must physically examine the documents; employers enrolled in E-Verify may use the remote alternative procedure authorized by DHS.

Keeping it

The form is not filed with USCIS or ICE. The employer keeps it for three years after the date of hire or one year after employment ends, whichever is later.

Example

A new hire starts on a Monday (illustrative). She completes Section 1 by Monday, and HR completes Section 2 by Thursday, after reviewing the documents she chose to bring.

Common pitfalls

  • Asking for specific documents, such as insisting on a passport.
  • Missing the three-business-day deadline because nobody owns the step.
  • Destroying forms too early, or keeping them far longer than required.

This is a general summary, not legal advice. Check the USCIS sources below.

Sources

This is general information, not legal or tax advice.

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