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Employment Eligibility Form I 9

Employers in the United States are required to document the identity and work authorization status of new hires with the Employment Eligibility Verification Form I-9. This requirement is adjudicated by the U.S. Citizenship and Immigration Services (USCIS) and enforced by the Immigrations and Customs Enforcement (ICE). While employers do not file this form with USCIS or ICE, they must keep the Form on file for a period of 3 years from the date of hire of a new employee or for one year from the termination of the employee, whichever is later. The Form I-9 must be produced for inspection upon the request of an authorized official of the U.S. Government, such as the agent of the Department of Homeland Security, the Department of Labor or the Office of the Special Counsel. The Form lists specific documents that employers may accept for the purposes of verifying an employee's identity and the employee's right to engage in permanent employment in the United States. Some documents may be used to verify both employment authorization and identity, such as a U.S. Passport or U.S. Passport Card. Other documents may only be used to identity, such as a State-issued identity card or driver's license, and must be used in conjunction with a second document to verify work authorization, such as a Social Security Card or Birth Certificate.

Fast Facts

  • USCIS and ICE are agencies within the Department of Homeland Security.
  • Official documents which are always undated, such as a Social Security Card, are deemed as permanently unexpired documents.
  • The revision date for the current Form I-9 that USCIS requires employers to use is February 2, 2009. The USCIS warns that no previous revision date would be accepted for compliance purposes.

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