Form I-9
What is the Form 1-9?
Form I-9 is an Employment Eligibility Verification form mandated by the Immigration Reform and Control Act of 1986 that United States employers must complete to certify an employee's legal eligibility to work in the United States.
Things To Know
- Form I-9 verifies the identity and employment eligibility of individuals hired for employment in the United States.
- Employees must complete Section 1 of Form I-9 on or before the first day of employment.
- Employers must complete Section 2 of Form I-9 within three business days of the employee's hire date.
- Employers must retain Form I-9 for all current employees, and for either three years from the hire date or one year from the termination date, whichever is later, for former employees.
Completing Section 1 as an Employee
Employees must complete Section 1 of Form I-9 to attest to legal authorization to work in the United States. This section requires personal details and the selection of an applicable citizenship or immigration status.
The employee must select one of the following citizenship statuses:
- Citizen of the United States
- Non-citizen national of the United States
- Lawful permanent resident
- Alien authorized to work in the United States
Section 1 must be completed and signed by the employee by the end of the first day of work.
Completing Section 2 as an Employer
Employers are responsible for completing Section 2 of Form I-9 within three business days of the employee's start date to verify identity and work eligibility.
Employers must examine original, unexpired documentation presented by the employee. Acceptable documents are categorized into three lists.
Documents from List A establish both identity and employment authorization:
- United States passport or United States passport card
- Permanent resident card or alien registration receipt card
- Foreign passport containing a temporary I-551 stamp
- Employment authorization document that contains a photograph
- Passport from the Federated States of Micronesia or the Republic of the Marshall Islands
- Foreign passport and Form I-94 containing an unexpired endorsement of non-immigrant status
- Unexpired Form I-327 Reentry Permit
- Form I-571 Refugee Travel Document
Documents from List B establish identity only:
- State-issued driver license or identification card containing a photograph and personal information
- School identification card containing a photograph
- Voter registration card
- United States military card or draft record
- Military dependent identification card
- United States Coast Guard Merchant Marine card
- Native American tribal document
- Driver license issued by a Canadian government authority
Employees under the age of 18 who do not possess a standard List B document may present one of the following identifiers:
- School record
- Clinic, doctor, or hospital record
- Day care or nursery school record
Documents from List C establish employment authorization only:
- Social Security account number card, unless the card includes restrictions stating it is not valid for employment, valid only for work with INS authorization, or valid for work only with DHS authorization
- Official 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 a birth certificate issued by a state, county, municipal authority, or territory of the United States bearing an official seal
- Native American tribal document
- United States citizen identification 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
The United States Citizenship and Immigration Services provides a complete list of acceptable documents for further reference.
To finalize Section 2, the employer must complete the following actions:
- Record the document title, issuing authority, document number, and expiration date from the original documents on the form.
- Enter the first day of employment for the employee.
- Sign Section 2 to attest under penalty of perjury that the documentation appears genuine and the employee is authorized to work.
Handling Re-verification and Rehires
Employers must complete re-verification when rehiring an individual within three years of the initial Form I-9 execution date. If an employee is rehired after three years, a completely new Form I-9 must be processed.
Important: 7shifts does not support standalone Section 3 re-verification requests. To update an employee's work authorization or process a rehire, administrators must resend a new onboarding package to the employee.
Viewing and Downloading Completed I-9 Forms
Completed Form I-9 documents can be viewed or downloaded individually from the portal settings.
Note: 7shifts does not currently support the bulk download of Form I-9 documents. This capability is currently a feature request.
To access an individual Form I-9 document, follow these steps:
- In the left navigation bar, navigate to Team.
- Select Onboarding.
- Click the Completed tab.
- Click on the specific employee record.
- Select Federal I-9 to view and access the document.
Next Steps
After completing the verification, maintain the record securely on file according to federal retention guidelines.