Employers and employees often have questions when completing Form I-9, Employment Eligibility Verification. There is usually additional confusion when an employee is not a U.S citizen. Below, we provide some helpful I-9 information, focusing on commonly asked questions related to foreign national employees.
Please note: The information presented here provides general I-9 guidance and is not intended to constitute legal advice. For detailed instructions, please visit the USCIS website at uscis.gov/i-9 or speak with an immigration attorney.
General Questions
Who should complete Form I-9?
- Both U.S. citizen and non-citizen employees working within the United States are required to complete Form I-9. The employee must complete Section 1 no later than the first day of employment, and employers should complete Section 2 no later than the third business day of employment.
What can an employee present as acceptable documentation?
- All employees must present documents that establish identity and employment authorization. There are 3 lists of acceptable documents, labelled A, B, and C, respectively. Employees may provide one acceptable document from List A or one acceptable document from both List B and C.
- Note: Employers cannot require an employee to present specific documentation. The employee may choose what to provide, so long as it is acceptable evidence according to USCIS.
- Examples of acceptable documents include (but are not limited to):
- List A: unexpired foreign passport with Form I-94 and work endorsement, Green Card, Employment Authorization Document,
- List B: U.S. driver’s license, school ID card (with photograph), voter registration card,
- List C: U.S. Social Security card, Employment Authorization Document, Form I-179, Certification of report of birth issued by the Department of State.
- For a comprehensive list of all acceptable documents, please see uscis.gov/i-9-central.
Are copies of documents accepted?
- Employers can only accept original documents, apart from a certified copy of a birth certificate. Photocopies are not acceptable evidence.
What happens to the original Form I-9?
- Once the I-9 is completed and signed, employers will need to keep the original form.
- Employers are required to keep the original, signed Form I-9 for either:
- three (3) years after the employee’s listed date of hire or,
- one (1) year after the employee’s termination date.
Reverification and Rehires
When should employers complete Supplement B, Reverification and Rehires?
- Employers must complete Supplement B when:
- The employee’s documentation of employment authorization expires.
- Employers are not required, but may choose, to complete Supplement B when:
- The employee is rehired within three (3) years of the date their original I-9 was completed, or
- If the employee’s name changes.
Can an employee use the same employment authorization document they presented originally as a List A or C document when they are reverifying their employment authorization?
- As long as the EAD is still valid, it can be accepted as evidence of employment authorization.
What if the employee has a Green Card?
- Employees with Permanent Resident Cards do not need to be reverified.
What if an employee’s foreign passport expires?
- Foreign passports are used to verify the employee’s identity; therefore, its expiration will not trigger reverification.
What if a foreign student’s I-94 and I-20 have different dates?
- In this case, reverification is triggered by the document with the earliest date.
Miscellaneous
Does an F-1 student need to present Form I-20 when employed on campus?
- An F-1 student working on their university campus will only need to present a valid passport and an I-94 that indicates their nonimmigrant status.
What if someone has lost their Employment Authorization Document (EAD)?
- If someone has lost their EAD, they can utilize their Form I-797C, Notice of Action, to show that they have applied for a replacement EAD. Please note: the confirmation receipt from the USCIS website is not acceptable evidence.
What if an employee’s Form I-9 was not completed?
- If not already completed, the employee’s Form I-9 should be completed immediately. Employers should note the employee’s actual start date of employment in Section 2 but should not backdate the form. Additionally, they should attach an explanation letter to the I-9 including the corrective action taken.
What if the employee’s Form I-9 is lost?
- Another Form I-9 should be completed immediately. Employers should note the employee’s actual start date of employment in Section 2 but should not backdate the form. Additionally, they should attach an explanation letter to the I-9 including the corrective action taken.
What if the employee completes their Form I-9 incorrectly?
- The employee must correct the error by striking a line through the error, entering the correct information, and initialing the change. They should also note the date of the correction next to their initials.
- Employers may only correct information in Section 2 or Supplement B of the Form I-9. If multiple errors were made, the employer may redo the relevant sections but should attach the original Form I-9 with an explanation letter addressing the error and the changes made.
What if an employee’s immigration status changes?
- Employers must complete Supplement B, Reverification and Rehire, to update the employee’s employment authorization. The employee must again provide valid evidence of work authorization (List A or C document).