How to File an I-9
Employers use an Employment Eligibility Verification form, also known as Form I-9, to prove that they checked the immigration status of every employee. Employers must have a completed I-9 on every worker regardless of the worker's citizenship. While employers do not have to file the form with any government agency, they must retain the form in the employee's file for up to three years.
Acceptable Documentation
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The documentation accepted by the government as proof that the applicant is legally in the United States must prove the applicant's identity and that he is authorized to work in the country. Examples of documents that prove both include a U.S. Passport, a foreign passport with a temporary work authorization, a Permanent Resident Card, an Alien Registration Receipt Card and an Employment Authorization Document that has a photo of the applicant. The applicant can provide documents that show his identity, such as a driver's license, government-Issue ID card, school ID card or voter's registration card, along with documents that prove he is eligible to work in the U.S. in lieu of a single document if necessary. Examples of documents that prove his work eligibility include his Social Security Card, birth certificate and a resident citizen identification card.
Completing the I-9
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The applicant must fill out the first section and sign the form. If the applicant cannot read English or complete his portion, a preparer/translator can assist him after completing the certification included below Section 1. The applicant must still sign the form himself. The employer must list the documents used to verify the applicant's identity and work eligibility and sign the form. Make copies of the applicant's verification documentation to keep with the form.
Considerations
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It is up to the employee to select the documents proving his identity and eligibility. The employer cannot request certain documents over others on the list. A Spanish version of the form is available, but only employers and employees in Puerto Rico can use it. While employers in the States can use the form for reference, the filed copy must be in English. If the applicant's documentation has an expiration date, the employer must complete Section 3, listing the expiration date. The employee must provide new documentation when the original documents expire to maintain work eligibility.
Filing the I-9
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Employers must file completed I-9s in a employee file and retain them for three years if the employee continues working. If the employee stops working, the employer must keep the I-9 for one year. Keep your employee files in a secure location and limit other people's access to them because of the confidential information they contain. The government allows employers to retain the paper form or an electronic copy. If the employer chooses to store the forms electronically, he must ensure the security of the information and implement procedures to document any changes to the form.
References
Writer Bio
Specializing in business and finance, Lee Nichols began writing in 2002. Nichols holds a Bachelor of Arts in Web and Graphic Design and a Bachelor of Science in Business Administration from the University of Mississippi.