Form I-9 Instructions For Employers | Remote Jobs in HR

Employers in the United States must complete Form I-9 for all new hires to ensure compliance with federal regulations. Form I-9 verifies the identity and employment authorization of each employee. Our detailed guide explains how to fill out Form I-9 correctly, covering everything from providing instructions to employees, verifying documentation, and retaining completed forms. Following these steps will help you stay compliant and avoid potential penalties.

Form I-9 General Requirements:

• Provide Instructions: Make the instructions for Form I-9 and the Lists of Acceptable Documents available to employees when they fill out the form and when they present documents for Supplement B (Reverification and Rehire).
• Employee Completes Section 1: Ensure that employees complete Section 1 of the form.
• Employer or Authorized Representative Completes Section 2: Complete Section 2 within three business days of the employee’s first day. If the employment lasts less than three days, complete Section 2 by the first day of work.
• Complete Supplement B: Fill out Supplement B, Reverification, and Rehire when applicable.
• Blank Fields: Leave any non-applicable fields blank and allow employees to do the same in Section 1.
• Retain Forms: Keep the completed forms. Do not retain or store the Lists of Acceptable Documents or the instructions for Form I-9. Do not mail completed forms to USCIS or ICE.

Section 1: Review (Red Outline):

• Review Section 1: Check Section 1 for errors or missing information. Have the employee correct any mistakes, then initial and date the correction.

Section 2: Employer Review and Verification (Gold Outline):

• Form Completion: You or an authorized representative can complete Section 2 on your behalf. 
• Document Examination: You or your authorized representative must review the original, unexpired documents provided by the employee within three business days of their first day of work. For employment lasting less than three days, complete this on the first day.

Section 2: Step-by-Step Instructions:

Enter Documentation Information:

• Review the original documents presented by the employee.
• Do not specify which documents the employee should present from the Lists of Acceptable Documents.
• A document is acceptable if it appears genuine and relates to the person presenting it.
• Photocopies are not acceptable, except for certified copies of birth certificates.
• Employees can present one document from List A or a combination of one from List B and one from List C.

List A Documentation:

• Enter information from the documents under List A if they prove both identity and work authorization.
• Some List A documents may require a combination of documents. Use the provided fields to enter all required information.
• Do not request additional documents if List A documentation is provided.
• A list of acceptable List A documents can be found below.

List B and List C Documentation:

• Enter information from List B if the document proves identity only and from List C if it proves work authorization only.
• Do not request List A documents if the employee provides acceptable List B and List C documents.
• Refer to the M-274 for guidance if the employee is under 18 or has disabilities.
• A list of acceptable List B documents can be found below.

Photocopies:

• You may make photocopies of the documents reviewed, but must return the originals to the employee.
• Retain any photocopies with Form I-9 for possible inspection by DHS, the Department of Labor, or the Department of Justice.

Additional Information:

• Use the Additional Information field for any required updates or extra details.
• Initial and date each additional note.
• Record any updates required by DHS, such as extensions of work authorization or replacements of previously provided receipts.
• Optional information, such as termination dates and E-Verify case numbers, can also be entered here.

Alternate Procedures:

• If an alternate procedure for document examination was used, check the appropriate box in the Additional Information area.
• Follow guidance from the M-274 on using alternative procedures authorized by DHS.

Section 2: Employer Certification (Blue Outline):

• Complete all fields in the employer certification area.
• Sign and date the form where indicated.

Further Guidance: 

• For more detailed instructions, refer to the Handbook for Employers: Guidance for Completing Form I-9 (M-274) and visit I-9 Central.

English Version: 

• All U.S. employers, except those in Puerto Rico, must use the English version of Form I-9.

Spanish Version: 

• Employers in Puerto Rico can use the Spanish version. Other employers can use it as a translation tool but must still complete the English version.

Completed Form I-9 Example:

Lists of Acceptable Form I-9 Documents:

This guide is intended solely for informational purposes.

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