Completing the Form I-9

U.S. Citizenship and Immigration Services (USCIS) is responsible for issuing rules relating to the Form I-9. Employers should be careful to accurately complete the form. On March 8, 2013, the USCIS published a new version of Form I-9 (Rev. 03/08/13 N). Employers must only use the Form I-9 (Rev. 03/08/13 N) — previous versions will not be accepted. Note that employers do not need to complete a new Form I-9 (Rev. 03/08/13 N) for current employees if a properly completed Form I-9 is already on file, unless re-verification applies. In fact, unnecessary verification may violate anti-discrimination laws. For more information, visit the U.S. Citizenship and Immigration Services (USCIS) website.

Final Rules: Only employers and employees in Puerto Rico can fill out the Spanish version of Form I-9. Spanish-speaking employers and employees in the 50 states and other US territories can print the Spanish version of Form I-9 for their reference, but must complete the form in English to meet employment eligibility verification requirements. The final rule:

• Prohibits you from accepting expired documents
  
• Revises the list of acceptable documents by removing outdated documents and making technical amendments
  
• Adds documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands
  

The final rule’s revisions affect the lists of acceptable documents that employees must present to verify their identity and employment authorization:

• List A documents, which show identity and employment authorization
  
• List B documents, which show identity only
  
• List C documents, which show employment authorization only

Completing the Form I-9 Sections

Section 1 (completed by the employee): Ask the employee to complete Section 1 of the Form I-9 by the end of his/her first day of work for pay. Employees may complete this section any time between accepting a job offer and the first day of work for pay. You may not ask an individual to complete Section 1 before he or she has accepted a job offer.

USCIS created a new Form I-9 Employee Information Sheet that employers can choose to make available to new employees. The form is intended to respond to common questions and prepare new employees to fill-in Section One of the Form I-9. The form is available in English and Spanish on USCIS' I-9 Central webpage.

If the employee cannot complete this section without assistance or a translator, someone may assist the employee. The preparer or translator must read the form to the employee, assist him/her in completing Section 1 and ask the employee to sign or mark the form in the appropriate place. The preparer or translator must then complete the Preparer and/or Translator Certification block on the Form I-9.

You are responsible for reviewing and ensuring that the employee fully and properly completed Section 1. According to the instructions for Section 1 of the Form I-9, the employee can voluntarily provide his/her Social Security number, unless you participate in E-Verify. E-Verify requires you to provide Social Security numbers.

You cannot ask a potential employee to provide you with a specific document with his/her Social Security number on it. Doing so may constitute unlawful discrimination. 

Section 2 (completed by the employer): You must fill out Section 2 and examine evidence of identity and employment eligibility within three business days of the employee’s first day of work for pay. If you hire a person for fewer than three business days, both sections 1 and 2 of the Form I-9 must be fully completed by the end of the employee’s first day of work for pay.

The employee must be allowed to choose which document he/she wants to present from the lists of acceptable documents detailed below. You must examine one document from List A OR a combination of one from List B and one from List C. You must examine the original document(s) the employee presents and then fully complete Section 2 of the Form I-9 . Follow the specific instructions in Section 2 of the form.

All documents used for Form I-9 verification must be unexpired. The only exception is that an employee may present a certified copy of a birth certificate. Additionally, in some instances, a document that appears expired may be extended and acceptable to use, such as the following:

Permanent Resident Cards (Form I-551), if they have been extended under limited circumstances

Individuals under Temporary Protected Status can sometimes present employment authorization documents that contain an expiration date. But these individuals can continue to work after the expiration date if the Department of Homeland Security (DHS) temporarily extended the validity date of the employment authorization documents through a notice published in the Federal Register

According to the USCIS, employers may designate an authorized representative, including personnel officers, foremen, agents or notaries public, to fill out Forms I-9 on behalf of their company. If you designate someone else to fill out a Form I-9 on your behalf, he/she must carry out all responsibilities for completing and signing the Form I-9, Section 2. The employer is still liable for any violations in connection with the verification process.

If you have remote hires, you may use an authorized representative to complete the Form I-9 process. Remember that Section 2 requires the employer or authorized representative to physically examine, with the employee being physically present, each document presented to determine if it reasonably appears to be genuine.