Form I9 Instructions 2023 - 2024
Form I-9, Employment Eligibility Verification, is the mandatory USCIS form that every worker in the United States must file within three days of their hire.
Contents
Whether you’re a small business owner or a government contractor, completing Form I9 is a significant undertaking. If this is your first time doing so, you may wonder how to fill it out and verify the authenticity of the documents you’re using. This article provides information about the different sections of the form and the forms and notices available to download. It also offers instructions for correcting errors and ensuring the form is completed under IRS requirements.
Filling out Section 2
If your employer has asked you to fill out Section 2 of Form I-9, it is essential to know what it involves. You must complete it before you begin employment for wages or other remuneration. This is a legal requirement.
The section requires completing your employer’s business or organization name, the state where you are employed, and the zip code. It also requires the completion of your employment history. Depending on the type of job you are applying for, you may have to enter your first day of employment as the date you began receiving wages or other remuneration.
Among other things, the section of the I-9 form requires you to enter information about your citizenship or immigration status. In addition, you need to attest to the validity of your documents. For example, if you have a green card, you can present it as evidence of your legal status. Likewise, you can use a certified copy of your birth certificate as a substitute for your citizenship certificate.
After completing Section 1, you can begin working on Section 2. This is a legal requirement that must be met before you start employment. To do this, you must fill out your employer’s business or organization name, last name, and middle initial. Also, you need to enter your address, a ZIP code, your citizenship or immigration status, and your expected starting date.
After completing Section 1 and your employer has signed your Form I-9, you can move on to Section 2. Section 2 must be filled out before you begin work. A warning message will appear if you fail to fill out this section. However, you can request a translation or preparer to help you if you cannot.
Alternatively, you can simply sign your Section 2 after you have completed it. Be sure to include “documents physically examined” with the inspection date.
As a final note, it is essential to note that employers should never use a whiteout or other technique to erase information from Form I-9. Doing so could lead to a violation of Section 274A of the INA.
Verifying the authenticity of an employee’s documents
E-Verify is a tool designed to help employers identify whether their employees are legally authorized to work in the United States. It is a website-based system operated by the U.S. government. The site matches an employee’s photo with a record in the United States Citizenship and Immigration Services (USCIS) database. This provides extra assurance that the documents an employee presents are genuine.
A new employee must be able to present a valid identity document before being hired. There are a few types of documents that are acceptable. If you are uncertain about a document, have your supervisor or immigration attorney look at it. Also, keep copies of the document for five years after the employee leaves.
E-Verify is necessary to ensure that an employee’s documents are genuine. But it does not guarantee that the employee is legally working in the United States. To confirm that, you may create a new case with the Department of Homeland Security or the Social Security Administration. You will have to provide the employee with three lists of documents.
List A consists of documents that prove the identity of an individual. In addition, List B includes documents that prove the legal status of an individual. However, a List B document without a photo is only valid if the person has a valid voter registration card or Native American tribal document.
List C consists of documents that prove employment authorization. Read Section 2 of the W-4 form for a list of acceptable documents. Other accepted papers include school records, daycare records, and doctor records.
If an employee has a valid identification document but needs clarification on its authenticity, ask the employer for a copy. Or, if you suspect that the employee is presenting a fraudulent document, have an immigration lawyer examine the document.
E-Verify is a free service that may protect the United States from unauthorized workers. It is a secure and convenient way to help employers determine the identity of their employees.
Correcting errors on Form I9
There is more to correct errors on Form I-9 than just filling in the blanks. You can do a few things to make the process smoother and avoid fines.
The first is to complete the form correctly, including the correct document number and expiration date. You will be penalized for the omission if you fail to do this. Also, if you are using a translation service, you must complete the form attestation.
Another way to correct errors on Form I-9 is to designate a third party for you. In this case, you must sign for the person you have designated. It is also a good idea to put a note on the form explaining why the change was necessary. This will help your employee understand the process and may also lead to fewer errors down the road.
Not all errors can be fixed, and you might need to create a new Form I-9. For example, if you have hired someone previously but still need to comply with the requirements, you will need to revert their information. However, if you are still determining if you need to make any changes to your records, then it is a good idea to check with your local legal department.
The best way to correct errors on Form I-9 is by using the Form I9 Error Correction Form. This will allow you to identify the errors on the form and correct them. To do this, you must attach the Form I-9 Error Correction Form to the original Form I-9. Once you have completed this step, you can affix the new Form I-9 to the old one. By doing so, you will make sure that all your records are accurate.
If you have a small business and are unfamiliar with the various sections of the I-9, you should consult a professional to ensure that you get it right the first time. You can find a complete list of resources in the “Handbook for Employers M-274”.
Available forms and notices to download
The following is a list of the forms and notices available to download from the CMS Web site. Each form includes all the CMS-required elements. These may be used as model notices or at the plan’s discretion. The forms are available as PDF files. You will need Adobe Acrobat Reader to view the forms. Adobe Reader is free and can be downloaded from Adobe’s website. Once installed, you can open the PDF file in your browser.
The forms listed on this page are for use by employers with 25 or more 1099-MISC employees. You can still use the form if you still need to get this number of employees. Some of the data elements on the form have been removed to align the collection and reporting periods. Other information has been added to the form.
The form titled “PFML Self-Employment Information Notice” will be used to inform self-employed individuals about the PFML law. It must be available in English and the primary language of five or more employees. You will need to fill out the first blank line with the full name of each Tenant. This form is also available in an ODT (Office Document Template) format.
Not filling out and giving a copy to the employer will result in penalties on both ends. All employees must file and provide a copy of Form I-9 to their employers. Not doing so will bring penalties to both employees and employers. Make sure to file it on time to avoid monetary penalties during a USCIS inspection.
Step by step to filing Form I-9
Form I-9 is nothing special. It should take you less than five minutes to complete a proper copy of the Employment Eligibility Verification.
In the first part of Form I-9, enter your full name, address, Social Security Number, email address, and phone number. Then, get to the part and select either one of the following that applies to you.
- A citizen of the US
- A noncitizen national of the US
- A lawful permanent resident
- Enter your Alien Registration Number or USCIS number
- An alien authorized to work
- Enter expiration date if applicable, then enter Alien Registration Number, USCIS number, Form I-94 admission number, or foreign passport number with the country of issuance.
Make sure to check only one of the above boxes – don’t check multiple. Once the above is complete, sign the form and enter the completion date.
Giving Form I-9 to employer
When giving Form I-9 to your employer, make sure to present documents that establish your identity and authorization to work in the United States. There are only so many documents you can present to prove these. Make sure to give a look at the acceptable documents on the third page of the most recent Form I-9 or see the accepted documents list here.
