Completing Form I-9

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Who is responsible for completing Form I-9?

It is the employer’s responsibility to make sure that a Form I-9 is filled out for each new hire, and that all the required information is complete. The employer must provide the employee with the full instructions for completing the form, including the List of Acceptable Documents. The employee completes Section 1 and may use the assistance of a translator to do so. Sections 2 and 3 are then completed by the employer.

When must Form I-9 be completed?

Section 1

The employee must complete Section 1 of Form I-9 any time after accepting the position, and no later than their first day of employment. This is the date on which the employee commences any work, including training, for which they receive wages or other remuneration.

Section 2

The employer then has three (3) business days after the end of the employee’s first day of work to fill out Section 2.

Please note: If an employee is hired for a position lasting less than three (3) days, the employer must complete Section 2 by the end of the employee’s first day of work.

Section 3

Section 3 is completed by the employer under the following circumstances:

  • When an employee’s work authorization has expired and the documentation needs to be re-verified
  • When an employee has a legal name change
  • When an employee is rehired within three (3) years of the date that the Form I-9 was originally completed

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