Current U.S. employment regulations require all employers to verify the identity and work authorization of each new employee. Form I-9 (Employment Eligibility Verification) is the core document in this process, which must be completed by all employees, whether they are U.S. citizens, permanent residents, or foreign nationals with temporary work permits. This report will provide detailed instructions on how to correctly complete each section of Form I-9 to help employers and employees avoid errors that could lead to compliance issues.

Form I-9 Overview

Form I-9 is a form developed by the U.S. Citizenship and Immigration Services (USCIS) to verify the identity and employment authorization of all individuals employed in the United States.

According to regulations, this form does not need to be submitted to the immigration office or other government agencies but is kept by the employer for inspection by officials from the Department of Homeland Security, Department of Justice, or Department of Labor.

Section 1: Employee Information and Attestation

Section 1 must be completed by the employee, at the earliest upon accepting an offer of employment, and no later than the end of the first day of paid work. Here is a detailed guide for filling out this section:

Personal Information

  1. Last Name: Enter your legal last name
  2. First Name: Enter your legal first name
  3. Middle Initial: Enter your middle name, or "N/A" if none
  4. Other Last Names Used: Enter any previous last names or nicknames, or "N/A" if none

Contact Information

  1. Address: Enter your current home address, including house number and street name
  2. Apt. Number: Enter apartment number if applicable, otherwise enter "N/A"
  3. City or Town: Enter the name of your city or town
  4. State: Select or enter the state name
  5. Zip Code: Enter the zip code
  6. Date of Birth: Enter in mm/dd/yyyy format
  7. Social Security Number: Enter your Social Security Number. This is mandatory if the employer participates in E-Verify, otherwise it's voluntary
  8. Email Address: Optional, enter your email address
  9. Telephone Number: Optional, enter your phone number

Citizenship or Immigration Status

In this section, the employee must select one applicable status:

  1. U.S. Citizen: Select if you are a U.S. citizen
  2. Non-citizen National of the United States: Applies to nationals born in American Samoa, former citizens of the Trust Territory of the Pacific Islands, or their children
  3. Lawful Permanent Resident: Select if you have a green card and enter your Alien Registration Number (A-Number/USCIS Number)
  4. Alien Authorized to Work: Select if you have a temporary work visa or work permit and provide the following information:
    • Work permit expiration date
    • Alien Registration Number/USCIS Number or I-94 Admission Number
    • Foreign passport number and country of issuance if based on I-94 obtained upon entry to the U.S.

Employee Certification and Signature

  1. Employee Signature: The employee must sign personally
  2. Date: Enter the date of signing

If the employee requires translation or assistance from a preparer, the translator or preparer must also sign and provide relevant information in the designated section of the form.

Section 2: Employer or Authorized Representative Review and Verification

Section 2 must be completed by the employer or authorized representative no later than the end of the third business day after the employee begins paid work.

Employee Identity and Work Authorization Documents

The employer must physically examine the original documents provided by the employee:

  1. List A Documents: Documents that establish both identity and work authorization. The employee only needs to provide one document from List A, such as:

    • U.S. Passport or U.S. Passport Card
    • Permanent Resident Card or Alien Registration Receipt Card (Green Card)
    • Foreign passport with I-551 stamp or printed I-551 on a machine-readable immigrant visa
    • Employment Authorization Document with photograph (Form I-766)
    • Passport and Form I-94 or Form I-94A for certain foreign non-immigrant employees

  2. Combination of List B and List C Documents: If not providing a List A document, the employee must provide one document from List B (proving identity) and one from List C (proving work authorization).

    List B documents include:

    • Driver's license with photograph issued by a U.S. state
    • ID card with photograph issued by federal, state, or local government
    • School ID card with photograph
    • U.S. Military ID card
    • Other government-issued ID with photograph

    List C documents include:

    • Social Security card (unless marked with restrictions like "Not Valid for Employment")
    • Birth certificate
    • Other documents proving work authorization

Employer Section

  1. Employee Info: Re-enter the employee's last name, first name, and middle initial (if any)
  2. Citizenship/Immigration Status: Enter the number code (1, 2, 3, or 4) selected by the employee in Section 1
  3. Document Information: Based on the type of documents provided by the employee (List A or List B+C), enter the following details for each document:
    • Document Title
    • Issuing Authority
    • Document Number
    • Expiration Date (if any)
  4. Employment Start Date: Enter the date the employee actually begins work
  5. Signature of Employer or Authorized Representative: The person reviewing the documents must sign
  6. Date: Enter the date of signing the form
  7. Title of Employer or Authorized Representative: Enter the title of the reviewer
  8. Last Name and First Name of Employer or Authorized Representative: Enter the name of the reviewer
  9. Employer's Business Name: Enter the full name of the company or organization
  10. Employer's Business Address: Enter the complete address of the employer

Section 3: Reverification and Rehires

Section 3 is used in two scenarios: when an employee's work authorization needs to be updated, or when an employee is rehired after leaving the company.

  1. Name: If the employee's name has changed, enter the new name
  2. Date of Rehire: If rehiring, enter the date of rehire
  3. New Work Authorization Documents: If the previous work authorization has expired, enter the information for the new documents
  4. Signature and Date: The employer or authorized representative must sign and date

Special Instructions for Remote Employees

Due to the COVID-19 pandemic, the Department of Homeland Security provided some flexibility in I-9 verification for remote employees.

For remote employees, the process typically follows these steps:

  1. The employee still needs to complete Section 1 on or before the first day of employment
  2. The employee needs to present original documents to the employer or authorized representative (can be done via video connection)
  3. The employee can send copies of the documents to the employer electronically
  4. The employer needs to complete Section 2 within three business days

Note that pandemic-related flexibility policies may have expired or changed, and employers should check the latest official guidance.

Common Errors and Best Practices

Common errors when filling out Form I-9 include:

  1. Missing or incomplete information: Ensure all required fields are filled out with no blanks
  2. Insufficient document verification: Employers must carefully verify original documents and accurately record relevant information
  3. Failure to complete on time: Employees must complete Section 1 before the first day of work, and employers must complete Section 2 within three business days
  4. Unsigned or undated: The form must have signatures and dates from both employee and employer
  5. Incorrect work authorization status: Employees must accurately select their citizenship or immigration status

Best practice recommendations:

  1. Use the latest version of Form I-9 (available for download from the USCIS website)
  2. Consider adopting an electronic I-9 solution, which can significantly reduce error rates
  3. Conduct regular internal audits to identify and correct errors promptly
  4. Provide thorough training for personnel responsible for completing I-9 forms
  5. Establish clear procedures to ensure timely completion of forms

Conclusion

Correctly completing Form I-9 is an essential component of U.S. employment compliance. Both employers and employees should understand each item on this form and the requirements for filling it out to avoid potential legal risks and penalties. Although the form may seem complex, following the correct procedures and guidelines can ensure compliance.

For employers, establishing a systematic I-9 management process is particularly important, especially when managing a large number of employees. Considering an electronic I-9 solution can effectively reduce errors and improve efficiency. For employees, preparing the required documents in advance and carefully reading the form instructions can make the process smoother.

As workforce diversity increases and work forms evolve (such as the prevalence of remote work), the process of completing and verifying I-9 forms is continually adjusting. Both employers and employees should stay informed about the latest official guidelines to ensure ongoing compliance.