Employment Eligibility Verification Form I-9 Guide

All U.S. employers must complete and retain a Form I-9 for employees hired after November 6, 1986. Both employers and employees must complete the form.

To download and print the Form I-9 please visit, https://www.uscis.gov/i-9. Make sure you are using the correct version: 8/1/2023; expiration date 5/31/2027.

The Form I-9 must be made available only after a job opportunity has been offered and accepted. Provide the employee with the instructions to complete the Form I-9 and a list of acceptable documents.

There is a Spanish I-9 form and Spanish I-9 instructions that employers can use as a translation tool, but the copy of the Form I-9 that employers will need to retain, must be in English.

Section 1 – Employee Information and Attestation (completed by employee)
• The section must be completed no later than the first day of work pay.
• Employees provide their biographical information.
• Social Security Numbers must be provided if the employer participates in E-Verify
• ITIN numbers cannot be uses as a social security number for I-9 and E-Verify purposes.
• If an email address is provided, it must be entered in E-Verify.

List of Acceptable Documents
• Within three (3) business days after the first day of employment, employees must present original, acceptable, and unexpired documentation that establishes identity and employment authorization to the employer.
-Documents must be original and nonexpired, no photocopies (exception: a certified copy of a birth certificate).
-Employees are allowed to choose the documentation to present to the employer. Employers cannot specify which documentation the employees will present.
• H-2A and H-2B Employees may present their unexpired I-94s and foreign passports that will qualify as Form I-9 List A documents.

Section 2 – Employer or Authorized Representative Review and Verification
• Employees will present either 1 document from List A or a combination of documents from List B and C.
-Employers must examine the documents in the employees’ presence.
-Documents are acceptable if they reasonably appear to look genuine and relate to the person presenting the documents.
-If you participate in E-Verify, and the employee presents a combination of List B and List C documents, then the List B document must contain a photograph.
-Do not accept more than the minimum.

Supplemental A – Preparer/Translator, if applicable
• If the employee had someone help prepare/translate Form I-9, the preparer/translator must provide requested information. If multiple preparers/translators, each must complete a section within Supplemental A.
-Preparers/Translators are required to enter their home address, not the address of the business.

Supplemental B – Reverification
• Required when employees’ temporary employment authorization status or temporary employment authorization documentation has expired, if you rehire an employee within three (3) years of the date that a previous Form I-9 was completed, or the employee has had a legal name change.
-Never required for U.S Citizens or noncitizen nationals nor when the following documents expire: U.S. Passports, U.S. Passport Cards, Permanent Resident Cards, List B Documents.
• Examine the unexpired documents
-Record document type, number, and expiration date, if any.
• Do not E-Verify reverifications.

Remote Documentation Examination – E-Verify Participants
• Those who participate in E-Verify and are in good standing can remotely examine their employees’ documentation.
-Exam copies of Form I-9 document(s)
-Conduct a live video interaction with the individual presenting the documents. The employee must present the same document(s) transmitted to the employer, during the video interaction.
-On Form I-9, the employer will complete the corresponding box that an alternative procedure was used to examine the documents(s).
-The employer must retain clear and legible copies of the documentation.
Should there be any mistakes, the existing form can be corrected by simply lining through error and correcting. Initial and date. Do not use correcting ink. A new form can also be prepared but keep the old form and note the reason for the action. Do not back date.

Employer is not required but may choose to make copies of documents employees provided. By doing so, the same practice must be done for all employees and must be consistent.

Store Form I-9 securely and within separate files from regular personnel files where only authorized personnel have access.

If requested for inspection, make sure the Forms can be readily available within three (3) days.
Do not confuse Form I-9 with E-Verify. E-Verify does not absolve the employer from their responsibility to complete and retain a Form I-9.

I-9s must be retained for active employees indefinitely. If they worked for less than two (2) years, keep the form for three (3) years from the date of first day of employment. If they worked for more than two (2) years, keep the form for one (1) more year after the date they stopped working for you.

Other I-9 resources:

• Handbook for employers: Guidance for Completing Form I-9
• USCIS I-9 Central
• Email I-9 questions or call the hotline: (888) 464-4218.

For more information, contact FEWA Legal Assistant Jamie Hargraves.