I-9 Employment Eligibility Verification

What is the I-9 Form?

The I-9 Employment Eligibility Verification Form is a U.S. Citizenship and Immigration Services form coming out of the Immigration Reform and Control Act of 1986. This form is used by employers to verify an employee’s identify and to establish that the worker is eligible to work in the United States.

Who and when must the form be completed?

The I-9 form is filled out by the employer and completed for every new employee hire after November 6, 1986.  The form must be completed within three (3) business days of date of new employment. Employers are not required to fill out I-9s for independent contractors, but only for part-time/full-time employees. Also, this form is only required for employees actually hired to work.

Where to file and what are the filing fees required for the I-9?

There is no filing fee associated with the I-9 form.  Also, this form is not filed with any government agency, including USCIS.  This form must be kept with employer’s records and available upon request for proof during an inspection by U.S. Government officials.

Supporting documents for completing the I-9?

List 1

  • U.S. Passport or U.S. Passport Card
  • Permanent Resident Card or Alien Registration Card Receipt (Form I-551)
  • Foreign Passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa (MRIV)
  • Employment Authorization Document Card that contains a photograph (Form I-766)
  • Foreign Passport with Form I-94 or Form I-94A with Arrival/Departure Report and containing an endorsement to work
  • Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A
  • Foreign Passport containing a I-551 stamp or I-551 printed notation

List 2

  • Driver’s License
  • ID Card
  • School ID card with a photograph
  • Voter’s registration card
  • U.S. military card or draft record
  • Military dependent’s ID card
  • U.S. Coast Guard Merchant Mariners Document (MMD) Card
  • Native American Tribal Document
  • Driver’s license issued by a Canadian government authority
  • Acceptable list of documents for persons under age 18 who are unable to obtain the documents listed above in List 2:
    • School record or report card
    • Clinic, doctor or hospital record
    • Day-care or nursery school record
    • For minors under the age of 18 and certain individuals with disabilities who are unable to produce any of the listed identity documents, special notations may be used in place of a List 2 document.

List 3

  • U.S. Social Security account number card that is unrestricted
  • Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545)
  • Certification of Report of Birth issued by the U.S. Department of State (Form DS-1350)
  • Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal
  • Native American Tribal document
  • U.S. Citizen ID Card (Form I-197)
  • Identification Card for use of Resident Citizen in the United States (Form I-179)
  • Employment authorization document issued by DHS

List 4

Foreign students in F-1 Nonimmigrant Status Participating in Curricular Practical Training

  • The student’s unexpired foreign passport
  • Form I-20 with the Designated School Official’s endorsement for employment on page 3
  • A valid Form I-94 or I-94A, Arrival/Departure Report indicating F-1 nonimmigrant status

J-1 Exchange Visitors

  • The exchange visitor’s unexpired foreign passport
  • Form DS-2019 (J-1 exchange visitors cannot work after the program end date on this form.)
  • A valid Form I-94 or I-94A indicating J-1 nonimmigrant status
  • A letter or other documentation from the Responsible Officer in the case of a J-1 nonimmigrant student.

Above is general information regarding the I-9 Employment Eligibility Verification Form. For more information on the I-9 form, please visit https://www.uscis.gov/i-9