I-9 Form – Helpful Information, Not Legal Advice

Jan 2 2012

The I-9 is the Employment Eligibility Verification Form which employers must complete for every employee, regardless of citizenship.  The employee must be able to prove that s/he has permission to work in the United States.  The I-9 is used to verify the identity and employment eligibility at the time of new employment and also to re-verify employment eligibility once work permission expires.

In order to make sure that you have the current version and the most up-to-date and accurate information, click here to access the I-9 Form on the United States Citizenship and Immigration Services (formerly the INS) website.. The website contains important instructions that are not included on the I-9 form itself.  Specifically, you should read the “Special Instructions” heading which contains details about acceptable identity and work authorization documents.  This information is constantly changing; however, these changes are not always reflected on the I-9 Form itself. 

1.  On the first day of employment, the employee should complete Section 1, Employee Information and Verification.  It is important that form is completed fully and legibly and is signed by the employee. 

*Please note: The employer may not dictate which documents the employee provides for employment eligibility.   

§  The name on the I-9 must match the name on the Social Security card.

§  The Alien Number (A#) is found on the permanent resident card or work permit.

§  The Admission Number is found in the top left hand corner of the I-94 card (small white card which the international visitor receives upon arrival in the United States).

2.  All employees, regardless of citizenship, may choose from the list of acceptable documents. They may choose to present a document from List A or they must present two documents, a combination of one from List B and one from List C. The employee must present documents by the 3rd day of employment.  All documents must be originals. Photocopies are not acceptable.

Most international students and scholars have documents from List A.  Common List A documents used for international students and scholars include:

§  Unexpired foreign passport that contains a temporary I-551 stamp (for Permanent Residents) or a Form I-94 indicating unexpired employment authorization*

§  Alien registration receipt card or permanent resident card, Form I-551

§  Unexpired Employment Authorization Document (EAD) issued by USCIS, which contains a photograph.

*Please note that if an I-94 card is marked "D/S," department administrators must review an additional document to determine the exact expiration of employment eligibility.  This information is located in Section 5 on the Form I-20 for F-1 students and in Section 3 on the DS-2019 Form for J-1 Exchange Visitors.  Because of limited space on the Form I-9, it is impossible to record all three documents in List A.  Please record the expiration date from the Form I-20 or DS-2019 in the side margin.  These are the documents most commonly used by international students and scholars for I-9 verification.

By the Third Day of Employment

If the employee cannot present documents within three days of beginning work, the employee must stop working.  Do not permit them to "volunteer."  If they cannot show employment authorization documentation they cannot continue in the workplace in any capacity.  Contact your HR Generalist to discuss your options in these circumstances. 

Re-verification

Re-verification of work eligibility must be completed when:

§  An employee changes his/her name

§  An employee is rehired after time away from Georgetown University

§  His/her work authorization expires

Work authorization must be re-verified by or before the date the employee puts in Section 1 under "an alien authorized to work until ____."

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