How to Fill Out and File US Form I-9

The United States government requires that all employees and employers attest to employee eligibility to work by filling out and maintaining a Form I-9 for each employee. Formerly administered by the US Immigration and Naturalization Service (INS), Form I-9 is now the responsibility of the US Citizenship and Immigration Services (CIS) of the Department of Homeland Security. U.S. prohibits any individual from beginning employment unless Form I-9 is completed.

Difficulty: Moderately Easy

Instructions

Things You'll Need:

• Specified current documents that establish an employee's identity and employment eligibility

1. Provide, as an employee, your current name, maiden name (if any), address, date of birth and Social Security number under Section 1.

2. Check one of the three boxes on the right under Section 1 to attest that you are either a citizen or national of the United States, a lawful permanent resident or an alien authorized to work until a certain date. If applicable, write that date on the line provided and fill in your alien or admission number where indicated.

3. Provide your employer with true, current and unexpired documents specified under the three columns on page 3 marked "List A, B and C." You are only required to provide either one document from List A or one document each from Lists B and C.

4. Allow your employer to make a photocopy of the documents that you provide and then take these documents back into your own possession.

Fill Out Employer Sections and Keep US Form I-9 on File

5. Review, verify and record the documents presented by your employee to establish identity and eligibility to work under Section 2.

6. Make photocopies of these documents. Maintain such photocopies attached to Form I-9 and return the documents to your employee promptly.

7. Certify that you have examined these documents and found that the named employee is eligible to work and began work on a specified date by signing and dating the form's Certification section and providing your title and business name and address.

8. Update and reverify an employee's Form I-9 in Section 3 on or before any date of expiration for employment eligibility that is recorded in Section 1.

9. Keep I-9 forms on file for review by appropriate government and law enforcement officials.

Tips & Warnings

• It is the joint responsibility of the employee and the employer to fill out and complete US Form I-9. The employee must fill out Section 1 and provide the documents required for Section 2. The employer must verify and photocopy those documents and complete Sections 2 and 3.
• I-9 forms and supporting documents are to be kept on file by every employer and made available upon demand to certain officials of the federal government, including officials of CIS, customs enforcement, the US Department of Labor and the Office of the Special Counsel for Immigration Related Unfair Employment Practices.