Instructions For Form I-9- Employment Eligibility Verification

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OMB No. 1615-0047; Expires 03/31/07
Department of Homeland Security
Employment Eligibility Verification
U.S. Citizenship and Immigration Services
INSTRUCTIONS
PLEASE READ ALL INSTRUCTIONS CAREFULLY BEFORE COMPLETING THIS FORM.
Anti-Discrimination Notice.
It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in
hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to
discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The
refusal to hire an individual because of a future expiration date may also constitute illegal discrimination.
Section 1- Employee.
All employees, citizens and
examine any document that reflects that the employee
is authorized to work in the U.S. (see List A or C),
noncitizens, hired after November 6, 1986, must complete Section 1
of this form at the time of hire, which is the actual beginning of
record the document title, document number and
employment. The employer is responsible for ensuring that
expiration date (if any) in Block C, and
Section 1 is timely and properly completed.
complete the signature block.
Preparer/Translator Certification.
The Preparer/Translator
Certification must be completed if Section 1 is prepared by a person
Photocopying and Retaining Form I-9. A blank I-9 may be
other than the employee. A preparer/translator may be used only
reproduced, provided both sides are copied. The Instructions must
when the employee is unable to complete Section 1 on his/her own.
be available to all employees completing this form. Employers must
However, the employee must still sign Section 1 personally.
retain completed I-9s for three (3) years after the date of hire or one
(1) year after the date employment ends, whichever is later.
Section 2 - Employer.
For the purpose of completing this
For more detailed information, you may refer to the Department
form, the term "employer" includes those recruiters and referrers for a
of Homeland Security (DHS) Handbook for Employers, (Form
fee who are agricultural associations, agricultural employers or farm
M-274). You may obtain the handbook at your local U.S.
labor contractors.
Citizenship and Immigration Services (USCIS) office.
Employers must complete Section 2 by examining evidence of
Privacy Act Notice. The authority for collecting this information is
identity and employment eligibility within three (3) business days of
the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8
the date employment begins. If employees are authorized to work,
USC 1324a).
but are unable to present the required document(s) within three
This information is for employers to verify the eligibility of individuals
business days, they must present a receipt for the application of the
for employment to preclude the unlawful hiring, or recruiting or
document(s) within three business days and the actual document(s)
referring for a fee, of aliens who are not authorized to work in the
within ninety (90) days. However, if employers hire individuals for a
United States.
duration of less than three business days, Section 2 must be
completed at the time employment begins. Employers must record:
This information will be used by employers as a record of their basis
1) document title; 2) issuing authority; 3) document number, 4)
for determining eligibility of an employee to work in the United
expiration date, if any; and 5) the date employment begins.
States. The form will be kept by the employer and made available
Employers must sign and date the certification. Employees must
for inspection by officials of the U.S. Immigration and Customs
present original documents. Employers may, but are not required to,
Enforcement, Department of Labor and Office of Special Counsel for
photocopy the document(s) presented. These photocopies may only
Immigration Related Unfair Employment Practices.
be used for the verification process and must be retained with the I-9.
Submission of the information required in this form is voluntary.
However, employers are still responsible for completing the I-9.
However, an individual may not begin employment unless this form
Section 3 - Updating and Reverification.
is completed, since employers are subject to civil or criminal
Employers
penalties if they do not comply with the Immigration Reform and
must complete Section 3 when updating and/or reverifying the I-9.
Control Act of 1986.
Employers must reverify employment eligibility of their employees on
or before the expiration date recorded in Section 1. Employers
Reporting Burden. We try to create forms and instructions that are
CANNOT specify which document(s) they will accept from an
accurate, can be easily understood and which impose the least
employee.
possible burden on you to provide us with information. Often this is
difficult because some immigration laws are very complex.
If an employee's name has changed at the time this form is
Accordingly, the reporting burden for this collection of information is
being updated/reverified, complete Block A.
computed as follows: 1) learning about this form, 5 minutes; 2)
completing the form, 5 minutes; and 3) assembling and filing
If an employee is rehired within three (3) years of the date
(recordkeeping) the form, 5 minutes, for an average of 15 minutes
this form was originally completed and the employee is still
per response. If you have comments regarding the accuracy of this
eligible to be employed on the same basis as previously
burden estimate, or suggestions for making this form simpler, you
indicated on this form (updating), complete Block B and the
can write to U.S. Citizenship and Immigration Services, Regulatory
signature block.
Management Division, 111 Massachuetts Avenue, N.W.,
If an employee is rehired within three (3) years of the date
Washington, DC 20529. OMB No. 1615-0047.
this form was originally completed and the employee's work
authorization has expired or if a current employee's work
NOTE: This is the 1991 edition of the Form I-9 that has been
authorization is about to expire (reverification), complete
rebranded with a current printing date to reflect the recent transition
Block B and:
from the INS to DHS and its components.
Form I-9 (Rev. 05/31/05)Y
EMPLOYERS MUST RETAIN COMPLETED FORM I-9
PLEASE DO NOT MAIL COMPLETED FORM I-9 TO ICE OR USCIS

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