U.S. Department of Justice
OMB No. 1115-0136
Immigration and Naturalization Service
Employment Eligibility Verification
INSTRUCTIONS
PLEASE READ ALL INSTRUCTIONS CAREFULLY BEFORE COMPLETING THIS FORM.
Anti-Discrimination Notice.
It is illegal to discriminate against any individual (other than an alien not authorized to work in the
U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is
illegal to discriminate against work eligible individuals. Employers
CANNOT
specify which document(s) they will accept from an
employee. The refusal to hire an individual because of a future expiration date may also constitute illegal discrimination.
Section 1 - Employee.
All employees, citizens and If an employee is rehired within three (3) years of the
noncitizens, hired after November 6, 1986, must complete date this form was originally completed and the
Section 1 of this form at the time of hire, which is the actual employee's work authorization has expired
or
if a
beginning of employment.
The employer is responsible for
current employee's work authorization is about to
ensuring that Section 1 is timely and properly completed.
expire (reverification), complete Block B and:
-
examine any document that reflects that the
employee is authorized to work in the U.S. (see
Preparer/Translator Certification.
The Preparer/Translator
List A
or
C
Certification must be completed if Section 1 is prepared by a
record the document title, document number
person other than the employee. A preparer/translator may be
-
and expiration date (if any) in Block C, and
used only when the employee is unable to complete Section 1
complete the signature block.
on his/her own. However, the employee must still sign Section
-
1.
Photocopying and Retaining Form I-9.
A blank I-9 may be
reproduced, provided both sides are copied. The Instructions
Section 2 - Em
lo
er.
For the purpose of completing this
must be available to all employees completing this form.
form, the term "employer" includes those recruiters and
Employers must retain completed I-9s for three (3) years after
referrers for a fee who are agricultural associations, agricultural
the date of hire or one (1) year after the date employment ends,
employers or farm labor contractors.
whichever is later.
For more detailed information, you may refer to the INS
Handbook for Employers, (Form M-274). You may obtain
Employers must complete Section 2 by examining evidence of
the handbook at your local INS office.
identity and employment eligibility within three (3) business
days of the date employment begins. If employees are
Privacy Act Notice.
The authority for collecting this
authorized to work, but are unable to present the required
information is the Immigration Reform and Control Act of
document(s) within three business days, they must present a
1986, Pub. L. 99-603 (8 USC 1324a).
receipt for the application of the document(s) within three
This information is for employers to verify the eligibility of
business days and the actual document(s) within ninety (90)
individuals for employment to preclude the unlawful hiring, or
days. However, if employers hire individuals for a duration of
recruiting or referring for a fee, of aliens who are not
less than three business days, Section 2 must be completed at
authorized to work in the United States.
the time employment begins.
Employers must record: 1)
document title;
2)
issuing authority;
3)
document number,
4)
This information will be used by employers as a record of their
expiration date, if any; and
5)
the date employment begins.
basis for determining eligibility of an employee to work in the
Employers must sign and date the certification. Employees
United States. The form will be kept by the employer and made
must present original documents. Employers may, but are not
available for inspection by officials of the U.S. Immigration and
required to, photocopy the document(s) presented. These
Naturalization Service, the Department of Labor and the Office
photocopies may only be used for the verification process and
of Special Counsel for Immigration Related Unfair Employment
must be retained with the I-9.
However, employers are still
Practices.
responsible for completing the I-9.
Submission of the information required in this form is voluntary.
However, an individual may not begin employment unless this
Section 3 - Updating and Reverification.
Employers
form is completed, since employers are subject to civil or
criminal penalties if they do not comply with the Immigration
must complete Section 3 when updating and/or reverifying the
Reform and Control Act of 1986.
I-9. Employers must reverify employment eligibility of their
employees on or before the expiration date recorded in
Reporting Burden.
We try to create forms and instructions that
Section 1. Employers
CANNOT
specify which document(s)
are accurate, can be easily understood and which impose the
they will accept from an employee.
least possible burden on you to provide us with information.
Often this is difficult because some immigration laws are very
If an employee's name has changed at the time this
complex. Accordingly, the reporting burden for this collection
form is being updated/ reverified, complete Block A.
of information is computed as follows:
1)
learning about this
form, 5 minutes;
2)
completing the form, 5 minutes; and
3)
If an employee is rehired within three (3) years of the
assembling and filing (recordkeeping) the form, 5 minutes, for
date this form was originally completed and the
an average of 15 minutes per response. If you have comments
employee is still eligible to be employed on the same
regarding the accuracy of this burden estimate, or suggestions
basis as previously indicated on this form (updating),
for making this form simpler, you can write to the Immigration
complete Block B and the signature block.
and Naturalization Service, HQPDI, 425 I Street, N.W., Room
4034, Washington, DC 20536. OMB No. 1115-0136.
EMPLOYERS MUST RETAIN COMPLETED FORM I-9
Form I-9 (Rev. 11-21-91)N
PLEASE DO NOT MAIL COMPLETED FORM I-9 TO INS