Completing the I-9 Form
The I-9 Form is a hiring document that employers must complete to prove they hire individuals who are allowed to work in the United States. Two agencies monitor the completion of the I-9 Form:
The US Citizenship and Immigration Services (USCIS) and
US Department of Justice.
The I-9 Form must be completed accurately, and in a non-discriminatory manner.
I-9 Form Sections
There are two Sections and two Supplement Pages to the I-9 Form.
Section 1
-
The employee is responsible for the truthfulness of the information in this section. The employer is only to ensure Section One is filled in correctly, but not to verify the information in Section one is true.
-
Section One is to be completed on Day 1 of employment​.
-
The email address, phone number and SSN boxes in Section One are optional.
-
A P.O. Box may not be used for the employee's address.​
-
Employee must declare one of four Immigration Status options.
Section 2
Section 2 is the Employer's Responsibility to complete truthfully and accurately.
​
-
In some situations, a seasonal employee who has established a regular pattern of returning to work following a temporary lay-off may be considered a "Continuing Employee" (see Section 7 of the Employer's Handbook M-274) and thus an updated I-9 Form is not required.
-
An employee is to have free choice of which documents to present for Section 2 as long as the document is listed on the List of Acceptable Documents and is not expired.
-
A Mexican Consulate card is not an acceptable document.
-
List A documents are not to be used in combination with List B or List C documents.
-
Employees do not have to present the same document in Section 2 that was used in Section 1.
-
Employers are not to track the expiration dates of Resident Alien Cards.
​
Supplements A & B
Supplement A - Preparer/Translator Certification
-
This form is to be completed when an employee has someone help complete Section 1.
-
The employer may complete Section 1 for the employee to ensure Section 1 is properly completed, but will need to also complete Supplement A.
-
Supplement A is stapled to the original I-9 Form (unless stored digitally).
Supplement B - Reverification and Rehire​
-
This form is to be completed when an employee is rehired within 3 years of the date a previous I-9 Form was used.
-
This form is to be used when an employee's work authorization is renewed (**not for expiring driver's licenses or Resident Alien cards).
-
Use this form when an employee's name changes.
I-9 Form Retention
When employment ends, I-9 Forms must be retained for one year after the termination date, or three years after the hire date, whichever is latest.
When the retention date has passed, the I-9 Form may be destroyed.