How to Complete an I-9 Form Correctly for New Hires?

Correctly completing the I-9 Form is a mandatory, time-sensitive responsibility for both employers and new employees to verify work authorization in the United States. The process, mandated by the Department of Homeland Security (DHS), involves three distinct sections and must be finalized by the employee's first day of work to avoid compliance issues. Based on our assessment of common errors, understanding the required documentation lists is the most critical step for a smooth process.

What Are the Employee's Responsibilities in Section 1?

The employee must complete Section 1: Employee Information and Attestation on or before their first day of employment. This section establishes the employee's identity and work authorization status.

• Personal Information: Enter your full legal name, address, and date of birth. If you have only one name, place it in the "Last Name" field and write "Unknown" in the "First Name" field.
• Attestation of Status: You must check one box indicating your citizenship or immigration status (e.g., U.S. citizen, lawful permanent resident). If you are not a U.S. citizen, you will need to provide an Alien Number/USCIS Number or Form I-94 Admission Number. An Alien Number is a unique identifier assigned to a noncitizen by the U.S. government.
• Signature and Date: The employee must sign and date the form, which can often be done electronically through an employer's system.

Failure to accurately complete Section 1 by the deadline can delay the start of employment.

Which Documents Are Acceptable for I-9 Verification?

After finishing Section 1, the employee must present original documents to their employer that prove both identity and employment authorization. The lists of acceptable documents are standardized by U.S. Citizenship and Immigration Services (USCIS). The employer must physically examine these documents to determine if they reasonably appear to be genuine.

You have two options for presenting documents:

1. One Document from List A: This proves both identity and work authorization.
2. One Document from List B and One from List C: This combination proves identity (List B) and work authorization (List C) separately.

The table below outlines common examples from each list to enhance clarity:

It is the employee's responsibility to provide acceptable documents from these lists. Employers cannot specify which documents they prefer.

How Does the Employer Complete Section 2?

Section 2: Employer Review and Verification is completed by the employer, not the employee, after they have physically examined the documents. This step verifies that the documentation appears authentic and relates to the person presenting it.

The employer's responsibilities include:

• Reviewing Section 1: Ensuring the employee completed it fully and signed it.
• Examining Documents: Checking the original documents presented by the employee against the requirements of Lists A, or B and C.
• Recording Document Details: Entering the document title, issuing authority, number, and expiration date (if any) into Section 2.
• Certification: The employer representative signs and dates the form, certifying that they have reviewed the documents.

The employer must complete Section 2 within three business days of the employee's start date. After examination, all documents must be returned to the employee.

When is Section 3 Used for Reverification or Rehires?

Section 3: Reverification and Rehires is used in specific circumstances, typically handled by the employer. It is not filled out during the initial onboarding.

• Reverification: If an employee's work authorization document (e.g., an EAD Card) has an expiration date, the employer must reverify their eligibility before it expires. The employee presents a new document from List A or List C, and the employer records the new information in Section 3.
• Rehires: If you rehire an employee within three years of the date the original I-9 was completed, you can use Section 3 to confirm they are still eligible to work, often without reviewing new documents if their authorization is still valid.

To ensure full compliance, both employees should prepare their documents in advance, and employers must complete their sections by the legal deadlines. Using the E-Verify system, where applicable, can provide an additional layer of electronic verification. Ultimately, careful attention to each section and the corresponding document lists is the most effective way to correctly complete the I-9 form.