who needs to fill out an i9

Form I-9, Employment Eligibility Verification consists of three sections:

• Section One: Employee Information and Attestation Completed by employees
• Section Two: Employer or Authorized Representative Review and Verification Completed by employers
• Section Three: Reverification and Rehires Completed by employers for employees who are rehired or whose employment authorization requires reverification.

Full Answer

What documents are acceptable for verifying Form I-9?

Reviewing and Verifying I-9 Documents

• Your Role as an I-9 Administrator. ...
• Original Documents. ...
• Document Choice. ...
• Copying Documentation. ...
• Social Security Card Issues and Restrictions. ...
• Verification: Signature and Date. ...
• Documents No Longer Accepted. ...
• Receipt Rule. ...

Who can verify i9 information?

I-9 Verification: Everything You Need to Know

• I-9 Verification. I-9 verification is a process by which immigrants are deemed eligible to work in the U.S. ...
• Qualifying Documents. ...
• Documents that Establish Employment Eligibility. ...
• Employment Eligibility Verification. ...
• Changes to the Employment Eligibility Handbook. ...
• U.S.C.I.S. ...
• New Hires. ...
• Form I-9. ...
• Application Receipts. ...
• Employees Subject to Re-Verification. ...

How to complete the I 9 form?

To make the verification process effective and one-time, OnBlick provides a network of around 5,000 Authorized Representatives spread over 490 towns and cities in the U.S. Employees can choose the nearest representative to physically verify their documents and complete Section-2 of Form I-9 on behalf of the employer.

How to complete an I 9?

• U.S. ...
• Permanent resident card (“ green card ”) or alien registration receipt card (technically, the green card is Form I-551)
• Foreign passport with a temporary I-551 stamp
• Employment authorization document that contains a photograph (Form I-766)

More items...

Does everyone need to fill out an i9?

You are required to complete and retain a Form I-9 for every employee you hire for employment in the United States, except for: Individuals hired on or before Nov. 6, 1986, who are continuing in their employment and have a reasonable expectation of employment at all times. (Some limitations to this exception apply.)

Who is authorized to fill out an I-9?

Employers may designate an authorized representative to fill out Forms I-9 on behalf of their company, including personnel officers, foremen, agents or notary public.

Are i-9 required for independent contractors?

Employers are not required to complete Form I-9 for independent contractors, but it is against the law to knowingly contract with an individual who is not authorized to work in the U.S. Additionally, as of May 1, 2020, employers are required to use the new version of Form I-9 (revision date Oct.

Do employees have to fill out a new I-9 every year?

Employees rehired three years after you originally completed their Form I-9 must complete a new Form I-9.

What happens if an employee does not complete I-9?

Do we have to pay an employee who terminated employment before completing Form I-9? Yes. An incomplete I-9 form does not affect an employer's ability or obligation to pay an employee. The I-9 form is used to verify eligibility to work in the U.S. and does not affect payroll.

Do self-employed need I-9?

If you are self-employed, you do not need to complete Form I-9 on your own behalf unless you are an employee of a separate business entity, such as a corporation or partnership. In that case, you and any other employees must complete Form I-9.

Is I-9 and 1099 the same?

The difference between 1099 vs W-9 is a straightforward one: the contractor fills out the W-9 form to provide information to the business they work for, and that business later reports the contractor's yearly earnings on the 1099 form.

Do independent contractors fill out a w9?

Independent contractors fill out the W-9 to confirm their tax responsibilities and provide information to their employer(s). In turn, employers use a contractor's W-9 to complete a 1099 detailing the worker's income. There are 18 different 1099 forms, each one relating to the nature of the income.

What is an independent contractor?

Individuals employed for casual domestic work in a private home on a sporadic, irregular or intermittent basis. Independent contractors or individuals providing labor to you if they are employed by a contractor providing contract services (for example, employee leasing or temporary agencies).

What is domestic worker?

Domestic workers: Individuals who perform child care, household tasks, and/or upkeep of a home or surrounding yard on a regular basis in return for wages or other benefits, and who are not independent contractors or providing services on a sporadic basis or for independent contractors or separate businesses.

What is an asylee?

Asylees and refugees: Non-U.S. citizens who typically have left their own country and are unable or unwilling to return because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion .

What is casual domestic services?

"Casual domestic services" refers to individuals (such as a handyman, babysitter or cleaning person) paid by you to help in or around your private home, provided the services are: Sporadic, meaning they occur occasionally, singly or in random instances;

When did the federal government stop hiring independent contractors?

Close All Open All. Hired On or Before Nov. 6, 1986. If you hired your employee on or before Nov. 6, 1986, and still employ that person, you are generally not required ...

When do employers have to complete I-9?

All employers must complete and retain Form I-9, Employment Eligibility Verification, for every person they hire for employment after Nov. 6, 1986, in the U.S. as long as the person works for pay or other type of payment.

When do you need to complete an I-9?

You are required to complete and retain a Form I-9 for every employee you hire for employment in the United States, except for: Individuals hired on or before Nov. 6, 1986, who are continuing in their employment and have a reasonable expectation of employment at all times. (Some limitations to this exception apply .)

What is the supplemental form for I-9?

If more than one person has helped the employee fill out the I-9, there is a supplemental form, Form I-9 Supplement, Section 1 Preparer and/or Translator Certification that may be used to document and certify each person who has assisted the employee in this task.

What are the sections of a symlink?

The form includes three sections: Section 1: Employee Information and Attestation; this is completed by the employee. Section 2: Employer or Authorized Representative Review and Verification; this is completed by the employer.

How long does it take to sign an I-9?

This is a critical part of the process because once the employee starts work, you, the employer, are required to sign Section 2 of the I-9 form within three business days .

Why do I need to fill out an I-9?

When you hire a new employee, they need to fill out an I-9 in order for you to run payroll. An I-9 is a form from the U.S. Citizen and Immigration Services agency that confirms the employee’s identity and right to work in the United States. Along with the form, your new hire must show proof that confirms their identity and confirms ...

Do I need to provide my name and address for I-9?

If a translator or preparer helps the employee to fill out the form, the translator/preparer must also provide their name, address, signature, and date. (Be sure the dates entered by the employee and the dates entered by the preparer/translator match.) If more than one person has helped the employee fill out the I-9, there is a supplemental form, ...

When do I need to renew my list B?

These expired List B documents should only be accepted by employers if they expired after February 29, 2020. These documents remain acceptable until 90 days after the employee has been hired; after that, renewed documents must be presented by the employee.

Can employers inspect ID documents remotely?

Immigration and Customs Enforcement (ICE) have enabled temporary flexibility to allow employers who employ a teleworkforce to inspect the identification documents remotely.

What documents do employers need to examine?

The employer must examine the employment eligibility and identity document (s) an employee presents to determine whether the document (s) reasonably appear to be genuine and to relate to the employee and record ...

What do I need to complete the I-9?

To complete your Form I-9, you will need the latest version of Adobe Acrobat Reader. You can download Adobe Acrobat Reader for free from the Adobe website. (link is external) . You can open the English or Spanish versions of the form, instructions, and supplements in any browser. Related Links.

What is the purpose of an I-9?

Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.

How long do you keep I-9s?

Employers must: Have a completed Form I-9 on file for each person on their payroll who is required to complete the form; Retain and store Forms I-9 for three years after the date of hire , or for one year after employment is terminated, whichever is later; and.

How to use enhanced features of I-9?

To use the enhanced features of Form I-9, use the first link to download the form and save it your computer. Use the second link to open a basic form that can be used on a mobile device. When you see the “Please wait …” message, use the following options to save your form:

Can I fill out an I-9 in Puerto Rico?

Only employers and employees in Puerto Rico can complete the Spanish version of Form I-9. Spanish-speaking employers and employees in the 50 states and other U.S. territories may print this for their reference, but must complete the form in English to meet employment eligibility verification requirements. Form I-9 is a fillable form, which means ...

Who can complete the Spanish version of I-9?

government officials from the Department of Homeland Security, Department of Labor, or Department of Justice. Only employers and employees in Puerto Rico can complete the Spanish version of Form I-9.

How to rehire an employee after 3 years?

1. Complete the third section and the employee's name. If you rehire an employee within 3 years of them leaving or your employee changes their name, you can complete section 3 only for reverification. The only exception is you must fill in the employee's name in the employer section.

What is a FS-545?

Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545) Certification of Report of Birth issued by the U.S. Department of State (Form DS-1350) An original birth certificate. A Native American tribal document.

How to add hyphens to a last name?

If you happen to only have 1 name, place it in the last name field and "unknown" in the first name field. Add the hyphen if your name is hyphenated. Add your address and birth date. You'll need to fill in your address, including an apartment number if you have one.

What is an I-9 form?

Learn more... The I-9 Form is used to establish that a person has the right to work in the United States. The first part is filled out by the employee, who then presents documents proving they are allowed to work in the U.S. to the employer.

What documents are needed for a new employee?

List A: The documents in this list establish both the employee’s identity and employment authorization. An employee need only present one of the following forms to satisfy the document requirement: 1 U.S. passport (or U.S. passport code) 2 Permanent resident card (“ green card ”) or alien registration receipt card (technically, the green card is Form I-551) 3 Foreign passport with a temporary I-551 stamp 4 Employment authorization document that contains a photograph (Form I-766) 5 For a non-immigrant alien authorized to work: a foreign passport and Form I-94 (or 94A) and an endorsement of the alien’s non-immigrant status as long as it has not expired 6 Passport from the Federated States of Micronesia, Republic of the Marshall Islands 5 

What is the purpose of the I-9 form?

The I-9 form is designed to obtain information from new employees that demonstrate their eligibility to work legally in the U.S. No worker is exempt from having to complete the form. 1 . The I-9 form is made up of three parts: 1. Part I: For the Employee, Establishing Identity.

What is part 2 of the EDD?

2. Part II: For the Employer, Reviewing the Employee’s Documents. This part of the form is completed by the employer. It describes the documents that the employer has reviewed to verify eligibility of employment. The employer should take this action within three days of the first day of employment.

What happens if you don't produce an I-9?

If you fail to produce I-9s, you can be subject to civil and/or criminal penalties. Find more information about the I-9 from the “Handbook for Employers: Instructions for Completing Form I-9”. For any further questions about the I-9, you can also consult with an employment law attorney.

What is a DS-1350?

Certification of report of birth issued by the Department of State (Form DS-1350) Original or certified copy of a birth certificate issued by a state, county, municipal authority, or territory of the U.S. that has an official seal. Native American tribal document. U.S. citizen ID card (Form I-197)

What documents are required to prove identity of an employee?

For minors (under age 18) who cannot produce one of the documents in List B, alternative documents that are acceptable to prove the employee’s identity include a school record or report card; client, doctor, or hospital record; or a day-care or nursery school record. 5 .

What information is included in a 401(k) form?

It includes information such as the employee’​s full name, address, date of birth, Social Security number (if applicable), email address,and telephone number (the email address and phone number are optional).

What happens if a document does not appear to be genuine?

If the document (s) do not reasonably appear to be genuine or to relate to the person presenting them, you must not accept them. However, you must provide the employee with an opportunity to present other documents from the Lists of Acceptable Documents. 6.

What is a non-citizen?

U.S. noncitizen nationals are persons who owe permanent allegiance to the United States, which include those born in American Samoa, including Swains Island. Citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI) are not noncitizen nationals, however they are eligible to work in the United States. 2. ...

How to contact IER about discrimination?

For more information about discrimination during the Form I-9 process, contact IER’s employer hotline at 800-255-8155 (TTY for the deaf or hard of hearing: 800-237-2515) or visit their website at justice.gov/ier.

Is a document acceptable if it has a spelling variation?

If the document contains a slight spelling variation, and the employee has a reasonable explanation for the variation, the document is acceptable as long as you are satisfied that the document otherwise reasonably appears to be genuine and to relate to the employee. 10.

Can an employee change their name?

An employee may provide documentation to support a name change , but is not required to do so. If you determine the document containing a different name does not reasonably appear to be genuine and to relate to the employee, you may ask her to provide other documents from the Lists of Acceptable Documents on Form I-9. 9.

Can I accept a different name on an I-9?

You may accept a document with a different name than the name entered in Section 1 as long as the document reasonably relates to the employee. You also may attach a brief memo to the employee’s Form I-9 stating the reason for the name discrepancy, along with any supporting documentation she provides.

Who is responsible for completing the I-9?

The construction company is responsible for completing Form I-9 for its own employees. However, you may not use a contract, subcontract, or exchange to obtain the labor or services of an employee you know is unauthorized to work. 3.

What is an I-9?

I-9 verification ensures that companies are only hiring employees who are authorized to work in the U.S., by requiring candidates to provide employers with specific documents that verify their identity and work eligibility.

What is the I-9 form?

Form I-9 is an eligibility form required by the Immigration Reform and Control Act of 1986 (IRCA) to verify the identity and legal work eligibility of unauthorized immigrants. In fact, if an employer does not include the proper documents for I-9 verification, they may risk legal complications and fines.

What happens if an employer does not include the proper documents for I-9 verification?

In fact, if an employer does not include the proper documents for I-9 verification, they may risk legal complications and fines. This is why verifying each employee’s eligibility for employment is a critical part of the hiring process, whether hiring your first employee or one hundredth.

What is the form for a birth certificate?

Certification of Report of Birth issued by the Department of State (Form DS-1350 or FS-545) Original or certified birth certificate issued by a county, state, municipal authority or outlying possession of the United States that bears an official seal. U.S. Citizen ID Card (Form I-197)

Do I-9 forms have to be filed correctly?

I-9 forms have to be accurately and correctly filed , and you must follow its directions exactly. Here is a list of best practices for HR regarding I-9 forms according to the USCIS:

Why do I need to report W-9?

This reporting is necessary because businesses are not required to pay Social Security or Medicare taxes or withhold income taxes on independent contractor wages–these come out of the taxes of the independent contractors. Thus, the IRS needs to know who is paid and how much so they know who owes those taxes, and the W-9 provides ...

What is a W-9 form?

The W-9 form is an informational reporting tax form, meaning that it provides information to the IRS about taxable entities. It is not used to collect taxes. In this case, W-9 forms provide information on who is working as an independent contractor, information that the IRS uses to find out how much taxes contractors should be paying.

Why is a W-9 important?

Because the W-9 also requires a Social Security number or tax ID, it should be guarded carefully to protect from identity theft. With similar concerns, one should be hesitant if they receive a W-9 form from a source they don’t know. They should also have concerns if they receive a W-9 form from a company for whom they are supposed ...

Do you have to withhold back up on W-9?

Those who fill out Form W-9 must also certify that they are exempt from backup withholding. Most taxpayers are, but if that is not the case, the hiring company will need to withhold 24% of the contractor’s pay for income tax.

Do LLCs need to complete W-9?

If an LLC operates as an independent contractor for other companies, then it too must complete a W-9 form. To do so, the following special considerations should be taken for the form:

Do you put your name on the business name line of an LLC?

If the LLC is owned by an individual and not another entity, then that individual must put their name on the “name” line and their LLC’s name on the “business name line.”. If the LLC is owned by an individual, a Social Security number is preferable for the form than the LLC’s employer identification number (EIN).

Do I send a W-9 to the IRS?

Although the W-9 form is used to collect information for the IRS, it is not sent directly to the IRS. Rather, businesses who hire independent contractors are required to provide this form to the contractors, who in turn fill it out and return it to the contracting business. The business in turn uses the information provided by ...