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I-9, Employment Verification Guide

Form I-9, or the Employment Eligibility Verification form, is used by employers in the US to verify the identity and employment authorization of individuals hired for work. As per the Immigration Reform and Control Act of 1986 (IRCA), Section 1 (by EV) is due on the first day of employment. Sections 2 and 3 (by Host), along with proper identification from EV, are due by the third day of employment.

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Key Points

1 I-9 verifies identity and work authorization for employment in the US.
2 EV shows original passport, I-94, and DS-2019 for Host to review and verify when completing Section 2 (Days 1-3).
3 EV completes Section 1 (Day 1) & Host complete Section 2 or Section 3 if EV is rehired (Days 1-3).

How to Submit?

Step 1 EV to report to Host by program start date with their physical passport and I-94 printout.
Step 2A EV to fill out Section 1 of I-9 (Day 1).
Step 2B EV pending SSN can enter “Applied For,” “0,” or the appointment control number.
Step 3 EV to present filled I-9, physical passport, and I-94 printout to Host.
Step 4 Host to examine the original documents & complete Section 2 (and Section 3, if applicable).
Step 5 Host to retain the filled I-9 for the required period and keep it separate from personnel files.
Step 6 EV to click to upload a copy of filled I-9.

What to Note?

1 Compliance As per USCIS M-274, Section 1 of Form I-9 must be completed by EV on their first day of employment. Section must be completed by Host on the third business day after the program start date. Additionally, Host must retain Form I-9 for three years after the date of hire or one year after the date of termination, whichever is later. Store HR documents and records securely; make them available for inspection by authorized government officials.

2 Repeat Internships If EV joins a J-1 internship/training program for a second time with the same Host, Section 3 (Reverification and Rehire) must be completed.

3 Unpaid Internships J-1 exchange visitors in training programs or internships may not be required to fill out I-9 if the position qualifies as an unpaid employment relationship under FLSA. Hosts should verify the specifics of the internship to ensure compliance with immigration and labor laws.

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Cheat Sheet

The information below is from the EV’s record for general reference only. It is not intended as assistance for completing the form, and we disclaim responsibility for its accuracy. Some skipped Q&A may apply to certain individuals, and generalized answers may differ for each person. Answer each question based on your own circumstances and adjust as needed.

Section 1. Employee Information and Attestation - Completed by EV

Last Name (Family Name) First Name (Given Name)
Other Last Name Used (if any) Enter accordingly
Address
Date of Birth
US SSN “applied for,” “0,” or appointment letter control number*
Employee’s E-mail Address Telephone Number
X A noncitizen authorized to work until
Form I-94 A-Number
OR Passport # & Country of Issuance
Signature of Employee Affix your signature
Today’s Date By the first day of employment, i.e., **

Section 2. Employer or Authorized Rep Review and Verification - Completed by Host

Name & Title of Employer or Authorized Representative Enter accordingly
Today’s Date Within three business days from **
Employer’s Business or Organization Name
Employer’s Business or Organization Address

*As per special instructions from SSA, EVs waiting for an SSC can begin working because SSC is only required for tax reporting, not as work authorization. While awaiting issuance, EVs may complete the paper tax form by entering "applied for, " "0, " or appointment letter control number. If a valid number is required, they may use ITIN if permitted by the payroll service. As soon as SSC is available, give it to the host.

NOTE: This option may create extra work for HR and payroll services. If the quarterly withholding has already been filed by that time, host will need to update SSN with W2-C. Some payroll services may also use the highest tax bracket for reporting in the absence of SSN, requiring EV to claim the extra tax paid in the next tax return. Therefore, EV is advised to communicate with the host in advance to make the best arrangements.

**As per USCIS M-274, Section 1 of Form I-9 is due by the first day of employment while Section 2 is due by the third day of employment.

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