Form I-9

In plain terms: Form I-9, Employment Eligibility Verification, is the form every U.S. employer completes for every new hire to confirm the person’s identity and that they’re allowed to work in the U.S.

It applies to EB-3 workers the same way it applies to any other employee. The new employee fills out their section by their first day of work. The employer then reviews the employee’s original documents and completes its section within three business days of the start date.

What it means for you: the sponsored worker’s green card (permanent resident card) is an acceptable document for the I-9 on its own. The I-9 is completed and kept on file the same way as for every other employee.

Timing for workers arriving from overseas: the permanent resident card and Social Security card arrive by mail within a few weeks of the worker’s arrival. Before the card arrives, the worker’s foreign passport with the immigrant visa stamped “upon endorsement serves as temporary I-551 evidence of permanent residence for 1 year” is an acceptable document for the I-9. The I-9 doesn’t require a Social Security card, so the worker can start before it arrives, and the number is added to payroll records once it’s issued. Employers that use E-Verify wait to create the E-Verify case until the Social Security number is issued.

Timing for workers already in the U.S.: workers who adjusted status usually already have a Social Security number, and they complete the I-9 with their green card or another acceptable document.