|
Section 1 - Employee. All employees, citizens and noncitizens,
hired after November 6, 1986, must complete Section 1 of this form at
the time of hire, which is the actual ensuring that Section 1 is timely
and properly completed.
Preparer/Translator Certification. The Preparer/Translator
Certification must be completed if Section 1 is prepared by a person other
than the employee. A preparer/translator may be used only when the employee
is unable to complete Section 1 on his/her own. However, the employee
must still sign Section 1.
Section 2 - Employer. For the purpose of completing this
form, the term "employer" includes those recruiters and referrers for
a fee who are agricultural associations, agricultural employers or farm
labor contractors.
Employers must complete Section 2 by examining evidence
of identity and employment eligibility within three (3) business days
of the date employment begins. If employees are authorized to work, but
are unable to present the required document(s) within three business days,
they must present a receipt for the application of the document(s) within
three business days and the actual document(s) within ninety (90) days.
However, if employers hire individuals for a duration of less than three
business days, Section 2 must be completed at the time employment begins.
Employers must record: 1) document title; 2) issuing authority;
3) document number, 4) expiration date, if any; and 5) the date employment
begins. Employers must sign and date the certification. Employees must
present original documents. Employers may, but are not required to, photocopy
the document(s) presented. These photocopies may only be used for the
verification process and must be retained with the I-9. However, employers
are still responsible for completing the I-9.
Section 3 - Updating and Reverification. Employers
must complete Section 3 when updating and/or reverifying the I-9. Employers
must reverify employment eligibility of their employees on or before the
expiration date recorded in Section 1. Employers CANNOT specify
which document(s) they will accept from an employee.
- If an employee's name has changed at the time this
form is being updated/ reverified, complete Block A.
- If an employee is rehired within three (3) years of
the date this form was originally completed and the employee is still
eligible to 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 date this form was
originally completed and the current employee'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. (seeList A or C),
- record the document title, document number and
expiration date (if any) in Block C, and
complete the signature block.
Photocopying and Retaining Form I-9. A blank I-9 may
be reproduced, provided both sides are copied. The Instructions must be
available to all employees completing this form. Employers must 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.
For more detailed information, you may refer to the INS Handbook for
Employers, (Form M-274). You may obtain the handbook at your local INS office.
Privacy Act Notice. The authority for collecting this information
is the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 USC
1324a).
This information is for employers to verify the eligibility of individuals
for employment to preclude the unlawful hiring, or recruiting or referring
for a fee, of aliens who are not authorized to work in the United States.
This information will be used by employers as a record of their basis for
determining eligibility of an employee to work in the United States. The
form will be kept by the employer and made available for inspection by officials
of the U.S. Immigration and Naturalization Service, the Department of Labor
and the Office of Special Counsel for Immigration Related Unfair Employment
Practices.
Submission of the information required in this form is voluntary. However,
an individual may not begin employment unless this form is completed, since
employers are subject to civil or criminal penalties if they do not comply
with the Immigration Reform and Control Act of 1986.
Reporting Burden. We try to create forms and instructions that are
accurate, can be easily understood and which impose the least possible burden
on you to provide us with information. Often this is difficult because some
immigration laws are very complex. Accordingly, the reporting burden for
this collection of information is computed as follows: 1) learning about
this form, 5 minutes; 2) completing the form, 5 minutes; and 3) assembling
and filing (recordkeeping) the form, 5 minutes, for an average of 15 minutes
per response. If you have comments regarding the accuracy of this burden
estimate, or suggestions for making this form simpler, you can write to
the Immigration |