Guidance on Completing Form I-9

Who Must Complete Form I-9

You must complete Form I-9 each time you hire any person to perform labor or services in the United States in return for wages or other remuneration. Remuneration is anything of value given in exchange for labor or services, including food and lodging. The requirement to complete Form I-9 applies to new employees hired after Nov. 6, 1986. Once This requirement does not apply to employees hired on or before Nov. 6, 1986, who are continuing in their employment and have a reasonable expectation of employment at all times.

Form I-9

First Ensure that the employee completes Section 1 of Form I-9 at the time of hire. “Hire” means the beginning of employment in exchange for wages or other remuneration. Again Employees may complete Section 1 before the time of hire, but no earlier than acceptance of the job offer. Review the employee’s document(s) and fully complete Section 2 within three business days of the hire. For example, if the employee begins employment on Monday, you must complete Section 2 by Thursday.

If you hire a person for fewer than three business days, Sections 1 and 2 must be fully completed at the time of hire – in other words, by the first day of employment.

Do not complete a Form I-9 for employees who are:

  • Hired on or before Nov. 6, 1986, (or on or before Nov. 27, 2007, if employment is in the Commonwealth of the Northern Mariana Islands (CNMI)) who are continuing in their employment and have a reasonable expectation of employment at all times;
  • Employed for casual domestic work in a private home on a sporadic, irregular or intermittent basis;
  • Independent contractors;
  • Employed by a contractor providing contract services (such as employee leasing or temporary agencies) and are providing labor to you; or
  • Not physically working on U.S. soil.

Note: You cannot hire an individual who you know is not authorized to work in the United States.

Courtesy of USCIS



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