Tips to complete the I-9 Form

How is the I-9 Form structured?

The I-9 Form contains three separate and distinct sections:

1. Section 1: Employee Information and Verification
2. Section 2:  Employer Review and Verification
3. Section 3:  Updating and Reverification.

These tips are designed to assist managers in properly filling out I-9 Forms, but do not cover all of the rules and regulations.  Each of the three sections are broken down individually in this chapter, but basic tips for completing the form are listed below:

• Do not fill out an I-9 Form until the employee is hired.
• Use the most recent I-9 Form.  As of the publication of this book, the most recent I-9 had  revision date at the bottom of the I-9 Form of  08/07/09 and the expiration date in the upper right is 08/31/12.  Although it is past the expiration date, this form is to be used until replaced by USCIS.  USCIS has currently proposed a two-page I-9 that it opened to public comment and may release shortly.
• Use black or blue ink on the I-9 Form.
• Do not use different color or type of ink in the same section.
• Do not have more than one handwriting in the same Section (unless person filling out Section 2 is also preparer/translator).
• Do not use pencil.
• Expiration date of documents must be written as month/day/year (do not use day/month/year).
• Do not keep photocopies of documentsunless otherwise required by state law (for example, in Colorado) or by E-verify (for example, permanent resident card) – instead learn to complete the form correctly.
• If a new form must be redone after an employee has worked at the company, the old I-9 Form should be stapled to the new form and kept together.

Please refer to applicable rules and regulations for requirements and more details, and consult with legal counsel for individual circumstances and questions.

Section 1 – Employee information and verification

Here are a few things to keep in mind for completing Section 1:

• Section 1 of the I-9 Form must be completed on or before the employee’s first day of work
• the employee should complete Section 1 (it is important to review Section 1 and have employee complete any missing information before completing Section 2)
• highlight the sections for employee to fill out in Section 1 so employee does not miss any boxes.

The employee must do the following to complete Section 1:

• enter personal information, including full name and address
• mark the appropriate checkbox to confirm employment eligibility
• the employee should only fill out the information for the box checked either:
  • document number for box 3
  • or
  • work authorization expiration date and document number for box 4
• employee should read, sign, and date the form
• if a preparer or translator assists the employee, the preparer/translator should enter his or her name and address, signature, and date in the appropriate spaces.

Additional tips for completing Section 1

• Do not complete Section 1 for the employee unless you are serving as translator/preparer.
• Section 1 must not have any missing information.
• If there is no middle name/initial or maiden name a dash should be inserted by the employee.
• Make sure the address is complete, including city, state, and ZIP code.
• Review the employee’s completed form and if anything is missing or wrong have employee redo a new I-9 Form and start over.
• Do not ask for any document to substantiate the information provided by the employee in Section 1.
• Make sure date is written as month/day/year.
• Make sure employee has not signed or dated the translator/preparer section.
• Make sure the employee signs and dates Section 1 in the proper spot.
• The employee’s name on Section 1 should match the name on the documents provided for Section 2.

Section 2 – Employer review and verification

As discussed in Chapter 4, employees must present the employer with documents from the list of acceptable documents, which are used by the employer to verify identity and work eligibility.  The employer personally reviews the original documents, completes Section 2, and signs and dates the I-9 form. 

An employee must present either:

• an acceptable document from List A
• or
• acceptable documents from both List B and List C.

List A contains a list of acceptable documents that verify both identity and work eligibility (only one document needs to be shown to complete Section 2 under the List A column – employers do not fill anything in under the List B or List C column if the employee presents a List A document).

List B contains a list of acceptable documents that verify identity while List C contains a list of acceptable documents that verify work eligibility.  If an employee chooses to present a document from List B, then the employee must show the employer both a List B and a List C document and the employer needs to complete Section 2 under the List B and List C column.  The same person who is the employer representative must both review the original documents and fill out and sign Section 2.  As always, keep in mind that the employee chooses the documents to present to the employer.

For List A or Lists B and C, the employer representative reviews the original documents and records the following information for each one:

• document title
• issuing authority
• document number
• expiration date (if any).

Under “Certification,” record:

• the employee’s start date (sometimes estimated if it is a future date)
• employer representative’s signature
• employer representative’s name, title, organization name and address
• the date.

 Additional tips for completing Section 2

• Do not use white out.
• Do not scratch out mistakes.
• If a mistake occurs during completion of the form, start over with a new form.
• Do not tell an employee what documents to produce; instead have the employee review the list of acceptable documents and choose what documents to produce.
• If you use a List A document, do not fill out List B and List C documents.
• Your responsibility under Section 2 is to certify you examined the original documents and they appeared genuine and reasonable.
• Your responsibility under Section 2 is to check to make sure the photo or the description of the person reasonably matches the person showing the documents to you (for example, height, age, race or gender).  The employee must present original unexpired documents.
• Do not accept photocopies of documents. Only original documents are acceptable.
• If the employee cannot produce original documents to complete the I-9 Form, the employee cannot work at the company.
• Do not accept SSNs that are 000-00-0000 or 123-45-6789.  Also, SSNs that start with 9 are generally not acceptable.
• An application to obtain a Social Security card is not acceptable, but a document from SSA indicating the person has applied for a replacement for a lost or stolen Social Security card is acceptable.
• It may be helpful to review the DHS Form M-274 Handbook for Employers, which provides additional tips.

Section 3 – Employment reverification

Section 3 of the I-9 Form can be used for employment reverification when:

• an employee’s work authorization expires
• or
• an employee’s name changes (for example, marriage or divorce)
• or
• an employee is rehired (in certain circumstances). 

Section 3 of the I-9 Form, employment reverification, must be completed when:

• an employee has checked “An alien authorized to work” in Section 1
• and
• the employee’s work authorization nears expiration but he or she is currently eligible to work on a different basis or under a new grant of work authorization. 

Reverification must be completed on or before the expiration date of the document used and recorded in Section 1.  Employers should develop a system to remind employees four to five months prior of the expiration date that the employee needs new authorization by the expiration date or the employee cannot continue to work for the company.  The employer does not need to reverify:

• U.S. Passports
• permanent resident cards
• driver’s licenses.

The employer must do the following to complete Section 3 (the same person must both review the documents and fill out and sign Section 3):

• the employee presents a document that reflects that the employee is authorized to work in the U.S. (see List A or C)
• review the document and record the following information under Section 3
  • new name (if applicable)
  • date of rehire (if applicable)
  • document title
  • document number
  • expiration date (if any)
• sign and date Section 3.

Additional tips to complete Section 3

• The document title must be spelled out.
• The same document used to initially fill out the form does not need to be shown.  The employee can select any List A or C document.
• Complete Section 3 in its entirety.
• Only fill out Section 3 once.  Use Section 3 a new I-9 Form for future updates.
• If authorization expires again, fill out Section 3 of a new I-9 Form and staple to old form.