I-9 Employment Verification

What is Form I-9?

Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States.[i] All U.S. employers must properly complete and store a Form I-9 each citizen or noncitizen hired for employment in the United States.[ii]

Who Must Complete Form I-9?

All employees hired after Nov. 6, 1986 are subject to employment verification. Rehired employees must complete a new Form I-9 if rehired more than three (3) years after the original hire date, or if employment authorization expired within the 3-year period.

When Must Form I-9 Be Completed?

The USCIS website offers an excellent picture diagram of how and when to complete the three sections of the Form I-9.

The person signing the attestation in Section 2 must physically see the employee with his or her original employment and identity documents.

Do Weekends Count In The 3-Day Period?

USCIS takes the position that if a company is operational over the weekends, then those days count in the 3-day calculation, even if the HR department is closed.[iii]

What Is The “First Day Of Employment?

The first day of employment is the first day of services or labor for wages of other remuneration.

What To Do With The Form I-9?

Employers may electronically store completed I-9 forms. If an employer copies the employee’s identity and work authorization documents, these copies or electronic images must be maintained with the Form I-9.  

Help With Form I-9

If you have questions about the I-9 employment verification process, contact immigration lawyer, Dayna Lally, at (617) 870-1000 or by email to [email protected]. Consultation fees apply.

Disclaimer: This blog article is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.

[i] See: https://www.uscis.gov/i-9.

[ii] Id.

[iii] Minutes USCIS-AILA Verification and Documentation Liaison Committee (Apr. 11, 2013), AILA Doc. No. 13091859 at 15.