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What is an I-9 Form? Do I Need It?

What is a Form I-9?

Before you can run an employee through E-Verify, an I-9 form must be completed and you must submit the I-9 form to E-Verify no later than three business days after an employee begins working for pay. E-Verify is an online system that quickly compares the information your new employees provide on their I-9 forms to the records on file in the Department of Homeland Security and Social Security Administration to confirm whether the people you’re hiring are authorized to work in the United States.

All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.

On the form, an employee must attest to their employment authorization. Employees must also present their employer with acceptable documents as evidence of identity and employment authorization. The employer must examine these documents to determine whether they reasonably appear to be genuine and relate to the employee, then record the document information on the employee’s Form I-9.  The supporting documents chosen from the three lists of acceptable documents included on the last page of the I-9 form.

  • List A – documents that establish both identity and employment authorization (e.g., U.S. Passport)
  • List B – documents that establish identity (e.g., driver’s license)
  • List C – documents that establish employment authorization (e.g, birth certificate)
https://www.uscis.gov/sites/default/files/document/forms/i-9-paper-version.pdf

To meet the requirements of the I-9, new hires can give you one document from List A or a combination of one from List B and one from List C.

As an employer, you may not request specific documents. As long as they appear genuine, unexpired and related to your employees, you must accept any documents they choose to provide. Dictating which documentation they should submit can be considered discrimination.

One important exception to note: If an employee presents List B documents, they must include a photograph.

Certain employers who choose to remotely examine the employee’s documentation under a DHS-authorized alternative procedure rather than via physical examination must indicate they did so by checking the box provided.

All employers must complete and retain Form I-9, Employment Eligibility Verification, for every person they hire for employment after Nov. 6, 1986, in the U.S. as long as the person works for pay or other type of payment.

Electronic Form I-9 & E-Verify Management

NCS can help you comply with the law with our easy-to-use system that guides and stores new hire Form I-9s online and returns E-Verify results instantly. With paperless E-Verify from National Crime Search, the employment verification process has been made simpler, more efficient and more reliable.

Learn More About E-Verify

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