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November 2007 issue
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November 2007— Vol. 85, No. 9
What you need to know about
the I-9 form
Federal law prohibits employers from knowingly hiring or knowingly continuing to employ an unauthorized worker. Employers are required to take steps to ensure that employees are authorized to work in the United States. The primary step is for employers to complete an I-9 form for each employee hired and inspect documents that establish the employee’s identity and work eligibility.
Section 1 of the I-9 form, which is completed by the employee, must be fully completed and signed on the day the employee begins work. Even though the employee completes Section 1, the employer can be liable for any violations or omissions, so it is important for the employer to check it.
The employer must review original verification documents presented by the employee and complete Section 2 of the I-9 form within the first three days of hire. (If the person is hired for three days or less, however, the entire form must be completed at the time the employee begins work.)
Acceptable documents
The types of documents an employee must show the employer are listed on Page 3 of the I-9 form. Following are some examples:
- List A documents that establish both identity and employment eligibility, such as:
– U.S. passport (unexpired or expired)
– Unexpired foreign passport, with 1-551 stamp or attached Form I-94 indicating unexpired employment authorization
– Permanent Resident Card or Alien Registration Receipt Card with photograph (Form I-551)
– Unexpired Employment Authorization Card
- List B documents that establish identity only (and must be coupled with a document from List C that establishes employment eligibility):
– Driver’s license or ID card issued by a 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 card with photograph
– Voter registration card
– U.S. military card or draft record
– Military dependents ID card
- List C documents that establish employment eligibility only:
– U.S. Social Security card issued by the Social Security Administration (other than a card stating it is not valid for employment)
– Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)
– Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal
– Native American tribal document
– U.S. Citizen ID Card (Form I-197)
Note: No document without a photograph may be used to establish identity (or both identity and employment authorization).
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