Form I-9 - Employment Eligibility Verfication

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U.S. Department of Justice
OMB No. 1115-0136
Employment Eligibility Verfication
Immigration and Naturalization Service
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 noncitizens, hired
Photocopying and Retaining Form I-9. A blank I-9 may be
after November 6, 1986, must complete Section 1 of this form at the
reproduced provided both sides are copied. The instructions must be
time of hire, which is the actual beginning of employment. The
available to all employees completing this form. Employers must retain
employer is responsible for ensuring that Section 1 is timely and
completed I-9s for three (3) years after the date of hire or one (1) year
properly completed.
after the date employment ends, whichever is later.
Preparer/Translator Certification. The Preparer/Translator
For more detailed information, you may refer to the INS
Certification must be completed if Section 1 is prepared by a person
Handbook for Employers, (Form M-274). You may obtain the
other than the employee. A preparer/translator may be used only when
handbook at your local INS office.
the employee is unable to complete Section 1 on his/her own.
Privacy Act Notice. The authority for collecting this information is the
However, the employee must still sign Section 1 personally.
immigration Reform and Control Act of 1986, Pub. L. 99-603
Section 2 – Employer. For the purpose of completing this form, the
(8 U.S.C. 1324a).
term “employer” includes those recruiters and referrers for a fee who
This information is for employers to verify the eligibility of individuals for
are agricultural associations, agricultural employers, or farm labor
employment to preclude the unlawful hiring, or recruiting or referring for
contractors.
a fee, of aliens who are not authorized to work in the United States.
Employers must complete Section 2 by examining evidence of identity
This information will be used by employers as a record of their basis for
and employment eligibility within three (3) business days of the date
determining eligibility of an employee to work in the United States. The
employment begins. If employees are authorized to work, but are
form will be kept by the employer and made available for inspection by
unable to present the required document(s) within three business days,
officials of the U.S. Immigration and Naturalization Service, the
they must present a receipt for the application of the document(s) within
Department of Labor, and the Office of Special Counsel for Immigration
three business days and the actual document(s) within ninety (90)
Related Unfair Employment Practices.
days. However, if employers hire individuals for a duration of less than
three business days, Section 2 must be completed at the time
Submission of the information required in this form is voluntary.
employment begins. Employers must record: 1) document title; 2)
However, an individual may not begin employment unless this form is
issuing authority; 3) document number; 4) expiration date, if any; and 5)
completed since employers are subject to civil or criminal penalties if
the date employment begins. Employers must sign and date the
they do not comply with the Immigration Reform and Control Act of
certification. Employees must present original documents. Employers
1986.
may, but are not required to, photocopy the document(s) presented.
These photocopies may only be used for the verification process and
Reporting Burden. We try to create forms and instructions that are
must be retained with the I-9. However, employers are still
accurate, can be easily understood, and which impose the least
responsible for completing the I-9.
possible burden on you to provide us with information. Often this is
difficult because some immigration laws are very complex. Accordingly,
Section 3 – Updating and Reverification. Employers must complete
the reporting burden for this collection of information is computed as
Section 3 when updating and/or reverifying the I-9. Employers must
follows. 1) learning about this form, 5 minutes; 2) completing the form,
reverify employment eligibility of their employees on or before the
5 minutes; and 3) assembling and filing (recordkeeping) the form, 5
expiration date recorded in Section 1. Employers
CANNOT specify
minutes, for an average of 15 minutes per response. If you have
which document(s) they will accept from an employee.
comments regarding the accuracy of this burden estimate, or
suggestions for making this form simpler, you can write to both the
If an employee’s name has changed at the time this form is being
Immigration and Naturalization Service, 425 I Street, N.W., Room
updated/reverified, complete Block A.
5304, Washington, D.C. 20536; and the Office of Management and
If an employee is rehired within three (3) years of the date this
Budget Paperwork Reduction Project, OMB No. 1115-0136,
form was originally completed and the employee is still eligible to
Washington, D.C. 20503.
be employed on the same basis as previously indicated on this
form (updating), complete Block B and the signature block.
If an employee is rehired within three (3) years of the date this
form was originally completed and the employee’s work
authorization has expired or if a current empoyee’s work
authorization is about to expire (reverification), complete Block B
and:
examine any document that reflects that the employee is
authorized to work in the U.S. (See List A or C).
record the document title, document number and expiration
date (if any) in Block C, and
complete the signature block.
EMPLOYERS MUST RETAIN COMPLETED I-9
PLEASE DO NOT MAIL COMPLETED I-9 TO INS
Form I-9 (Rev. 11-21-91) N
N05030
9/94

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