Every employee hired after November 6, 1986 is required to complete a Form I-9, which verifies an employee’s identity and legal authorization to except employment in the United States. The new Form I-9 must only be completed by those hired after the effective date of January 22, 2017. Employers do not need to reissue new forms for current employees, the law requires that any new hires after the aforementioned date, must complete the updated document.
The I-9 has three sections:
- Section 1- Completed by employee no later than first day of work for pay.
- Section 2- Completed by employer no later than third business day employee starts work for pay.
- Section 3- Completed by the employer if employee’s work authorization expires or if employee is rehired within 3 years of the date the Form I-9 was originally completed (a new Form I-9 may also be completed).
Attached to the Form I-9 is a list of acceptable documents that an employee can use to verify their identity and employment authorization. If an employee chooses a document from list A, they need to only present one document which will satisfy both stipulations. Documents on List B establish identity only and List C establishes employment authorization only. So, Lists C and B need to be used in conjunction to fulfill the forms requirements.
List A: documents that establish both identity and employment authorization
- U.S. Passport or U.S. Passport Card
- Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
- Foreign passport containing a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa
- Employment Authorization Document that contains a photograph (Form I-766)
- For a nonimmigrant alien authorized to work for a specific employer because of his or her status:
- Foreign passport; and
- Form I-94 or Form I-94A that has the following:
- Same name as the passport; and
- An endorsement of the alien’s nonimmigrant status as long as that period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form
- Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI
- Driver’s license or identification card issued by state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address
- ID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address
- School ID with a photograph
- Voter’s registration card
- U.S. military card or draft record
- Military dependent’s ID card
- U.S. Coast Guard Merchant Mariner Card
- Native American tribal document
- Driver’s license issued by a Canadian government authority
- *For persons under age 18 who are unable to present a document listed above:
- School record or report card
- Clinic, doctor, or hospital record
- Day-care or nursery school record
- A Social Security Account Number card, unless the card includes one of the following restrictions:
- Not valid for employment
- Valid for work only with INS authorization
- Valid for work only with DHS authorization
- Certification of Birth Abroad issued by the Department of State (Form FS-545)
- Certification of Report of Birth issued by the Department of State (Form DS-1350)
- Original or certified copy of birth certificate issued by a State, county, municipal authority, or territory 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 the Department of Homeland Security
Changes to the I-9 form include:
- Section 1 asks for “other last names used” rather than “other names used”.
- The addition of prompts to ensure information is entered correctly.
- The ability to enter multiple preparers and translators.
- A dedicated area for including additional information rather than having to add it in the margins.
- A supplemental page for the preparer/translator.
- Drop-down lists and calendars for filling dates
- On-screen instructions for each field.
- Option to clear the form and start over.