When completing Form I-9, employees are required to provide documentation verifying their identity and employment authorization. One crucial section that often confuses people is the “Citizenship/Immigration Status” section. Understanding how to fill this part correctly is essential to avoid delays or potential issues with employment verification.
In this guide, we will cover the key elements you need to know about what to put in the “Citizenship/Immigration Status” section of Form I-9, including who needs to fill it out, available options, and what each option means.
What Is Form I-9?
Form I-9 is used by U.S. employers to verify an employee’s identity and their legal right to work in the United States. Every employee hired for a job in the U.S. must complete this form, whether they are a U.S. citizen or not. Employers are required to verify the information provided by the employee and ensure that the documentation meets the criteria set by the U.S. Citizenship and Immigration Services (USCIS).
Who Needs to Fill Out the Citizenship/Immigration Status Section?
Any individual hired to work in the U.S. must fill out Form I-9. This includes both citizens and noncitizens. The form asks for documentation that verifies employment eligibility. One part of this process is declaring the correct citizenship or immigration status in Section 1 of the form.
When Should You Complete the Form?
Employees must fill out and sign the form no later than the first day of employment, but it should not be completed before a job offer has been made.
Understanding the Citizenship/Immigration Status Section
The “Citizenship/Immigration Status” section of Form I-9 is found in Section 1: Employee Information and Attestation. In this section, employees must indicate their legal status by selecting one of the four available options.
Let’s look at each of these options in detail to ensure that you know how to fill them out correctly.
Option 1: U.S. Citizen
If you are a U.S. citizen, you should check the box for “A citizen of the United States.”
Who Qualifies as a U.S. Citizen?
- A U.S. citizen is someone who:
- Was born in the United States
- Was born abroad to U.S. citizen parents
- Has been naturalized and granted U.S. citizenship
By selecting this option, you are confirming that you hold citizenship either by birth or through naturalization. No further clarification on immigration status is required beyond checking this box.
Option 2: Noncitizen National of the United States
The second option is for a noncitizen national of the United States. This category is less common and refers to individuals born in certain U.S. territories, such as:
- American Samoa
- Swains Island
What Is a Noncitizen National?
A noncitizen national is someone who owes allegiance to the United States but is not considered a full U.S. citizen. These individuals have the right to work in the U.S. without needing further work authorization.
If this applies to you, check the box next to “A noncitizen national of the United States.”
Option 3: Lawful Permanent Resident
The third option is for individuals who are lawful permanent residents (LPRs), also known as green card holders.
What Is a Lawful Permanent Resident?
A lawful permanent resident is someone who has been granted the right to live and work in the United States indefinitely. LPRs typically hold a green card, which serves as proof of their status.
If you are a lawful permanent resident, you will check the box that says “A lawful permanent resident” and enter your A-Number (Alien Registration Number) or USCIS number.
Where to Find Your A-Number
The A-Number is an identifying number assigned to noncitizens. You can find it on your green card, often listed as “USCIS#.”
Option 4: Alien Authorized to Work
The fourth option is for noncitizens who are authorized to work in the United States but do not fall under the categories of U.S. citizen, noncitizen national, or lawful permanent resident.
What Does “Alien Authorized to Work” Mean?
This category covers individuals who have a temporary right to work in the U.S. based on their visa or other immigration status. This could include:
- Work visa holders (such as H-1B, L-1, or O-1 visa holders)
- DACA recipients
- Temporary Protected Status (TPS) holders
- Refugees and asylum seekers
Required Information for Work Authorization
If you select this option, you will need to provide:
The expiration date of your work authorization
Your A-Number, Form I-94 Admission Number, or Foreign Passport Number
What If Your Work Authorization Does Not Expire?
If you have work authorization that does not have an expiration date (such as some asylum seekers or refugees), you can write “N/A” in the expiration date field.
Why Correctly Filling Out the Citizenship/Immigration Status Is Important
Filling out the citizenship/immigration status section correctly is crucial for both employees and employers. Providing incorrect information can lead to:
- Delays in employment verification
- Employment authorization issues
- Possible penalties for the employer
Consequences for Employees
If the information you provide is false or incorrect, you could face issues with employment verification and potentially lose your job. In more severe cases, providing false information could also lead to legal consequences, such as fines or prosecution.
Consequences for Employers
Employers are responsible for ensuring that Form I-9 is completed accurately. Failing to properly verify an employee’s work eligibility could result in fines, penalties, and legal action by the government.
Key Tips for Filling Out Citizenship/Immigration Status on Form I-9
Be Honest and Accurate: Double-check all the information you provide on the form. Ensure that you select the correct citizenship or immigration status.
Use Documentation: Have your green card, passport, or other legal documents handy to ensure you enter the correct A-Number, USCIS number, or I-94 number.
Check Expiration Dates: If your work authorization has an expiration date, make sure to enter it correctly. If no expiration date exists, use “N/A.”
Seek Legal Help if Unsure: If you are uncertain about your immigration status or how to fill out the form, consult an immigration attorney or qualified legal advisor.
see also: What Is the Strongest Passport in the World?
What Happens After Completing Form I-9?
Once you complete Form I-9, your employer is responsible for:
1. Verifying your identity and work authorization by reviewing your documentation
2. Keeping the form on file for a set period of time (usually 3 years from the date of hire or 1 year after employment ends)
3. Employers may also submit the information through E-Verify, a federal system used to confirm work authorization.
Conclusion
Filling out the citizenship/immigration status section on Form I-9 correctly is an important part of starting a job in the U.S. Whether you are a U.S. citizen, noncitizen national, lawful permanent resident, or a noncitizen authorized to work, make sure to check the correct box and provide the required information.
By following the steps outlined in this article, you can help ensure a smooth and hassle-free employment verification process. If you are unsure of your status or how to complete Form I-9, always seek advice from an immigration lawyer or other legal professionals.