TOC Instructions Form I-9

Table of Changes for Proposed Form I-9 Instructions Final - 30 day Notice.docx

Employment Eligibility Verification

TOC Instructions Form I-9

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TABLE OF CHANGES - INSTRUCTIONS FOR FILLABLE FORM

Form I-9, Employment Eligibility Verification

Revision Date: 03/30/2016

Reason for Revision

Despite the agencies’ continued efforts at improving the form and instructions, employers and employees continue to make errors in completing the form. On January 20, 2011, stakeholders requested USCIS develop a Form I-9 that incorporates functionality and assistance tools to mitigate or prevent employer and employee error in completing the form.

Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Anti-Discrimination Notice

It is illegal to discriminate against work-authorized individuals in hiring, discharge, recruitment or referral for a fee, or in the employment eligibility verification (Form I-9 and E-Verify) process based on that individual’s citizenship status, immigration status or national origin. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documentation presented has a future expiration date may also constitute illegal discrimination. For more information, call the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) at 1-800-255-7688 (employees), 1-800-255-8155 (employers), or 1-800-237-2515 (TDD), or visit www.justice.gov/crt/about/osc.


It is illegal to discriminate against work-authorized individuals in hiring, firing, recruitment or referral for a fee, or in the employment eligibility verification (Form I-9 and E-Verify) process based on that individual’s citizenship status, immigration status or national origin. “Employers CANNOT specify which document(s) the employee may present to establish employment authorization and identity.” The employer must allow the employee to choose the documents to be presented from the Lists of Acceptable Documents, found on the last page of Form I-9. The refusal to hire or continue to employ an individual because the documentation presented has a future expiration date may also constitute illegal discrimination. For more information, call the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) at 1-800-255-7688 (employees), 1-800-255-8155 (employers), or 1-800-237-2515 (TTY), or visit www.justice.gov/crt/about/osc.

What is the Purpose of this Form?

In the Commonwealth of the Northern Mariana Islands (CNMI), employers must complete Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen) hired after November 27, 2011. Employers should have used Form I-9 CNMI between November 28, 2009 and November 27, 2011.

Employers must complete Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen) hired after November 6, 1986, to work in the United States. In the Commonwealth of the Northern Mariana Islands (CNMI), employers must complete Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen) hired after November 27, 2011.



Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

General Instructions


































General Instructions

(cont.)


Employers are responsible for completing and retaining Form I-9. For the purpose of completing this form, the term “employer” means all employers, including those recruiters and referrers for a fee who are agricultural associations, agricultural employers, or farm labor contractors.

Form I-9 is made up of three sections. Employers may be fined if the form is not complete. Employers are responsible for retaining completed forms. Do not mail completed forms to U.S. Citizenship and Immigration Services (USCIS) or Immigration and Customs Enforcement (ICE).

Both employers and employees are responsible for completing their respective sections of Form I-9. For the purpose of completing this form, the term “employer” means all employers, including those recruiters and referrers for a fee who are agricultural associations, agricultural employers, or farm labor contractors, as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act, Public Law 97-470 (29 U.S.C. 1802). An “employee” is a person who performs labor or services in the United States for an employer in return for wages or other remuneration. The term “Employee” does not include those who do not receive any form of remuneration (volunteers), independent contractors or those engaged in certain casual domestic employment. Form I-9 has three sections. Employees complete Section 1. Employers complete Section 2 and, when applicable, Section 3. Employers may be fined if the form is not properly completed. See 8 USC § 1324a and 8 CFR § 274a.10. Individuals may be prosecuted for knowingly and willfully entering false information on the form. Employers are responsible for retaining completed forms. Do not mail completed forms to U.S. Citizenship and Immigration Services (USCIS) or Immigration and Customs Enforcement (ICE).


These instructions will assist you in properly completing Form I-9. The employer must ensure that all pages of the instructions and Lists of Acceptable Documents are available, either in print or electronically, to all employees completing this form. When completing the form on a computer, the English version of the form includes specific instructions for each field and drop-down lists for universally used abbreviations and acceptable documents. To access these instructions, move the cursor over each field or click on the question mark symbol (Pic of symbol will be included here) within the field. Employers and employees can also access this full set of instructions at any time by clicking the Instructions button at the top of each page when completing the form on a computer that is connected to the Internet.


Employers and employees may choose to complete any or all sections of the form on paper or using a computer, or a combination of both. Forms I-9 obtained from the USCIS website are not considered electronic Forms I-9 under DHS regulations and, therefore, cannot be electronically signed.  Therefore, regardless of the method you used to enter information into each field, you must print a hard copy of the form, then sign and date the hard copy by hand where required.


Employers can obtain a blank copy of Form I-9 from the USCIS website at www.uscis.gov/i-9. This form is in portable document format (.pdf) that is fillable and savable. That means that you may download it or simply print out a blank copy to enter information by hand.  You may also request paper Forms I-9 from USCIS.


Certain features of Form I-9 that allow for data entry on personal computers may make the form appear to be more than two pages. When using a computer, Form I-9 has been designed to print as two pages. Using more than one preparer and/or translator will add an additional page to the form, regardless of your method of completion. You are not required to print, retain or store the page containing the Lists of Acceptable Documents.


The form will also populate certain fields with N/A when certain user choices ensure that particular fields will not be completed. The Print button located at the top of each page that will print any number of pages the user selects. Also, the Start Over button located at the top of each page will clear all the fields on the form.


The Spanish version of Form I-9 does not include the additional instructions and drop-down lists described above. Employers in Puerto Rico may use either the Spanish or English version of the form. Employers outside of Puerto Rico must retain the English version of the form for their records, but may use the Spanish form as a translation tool.
Additional guidance to complete the form may be found in the Handbook for Employers: Guidance for Completing Form I-9 (M-274) and on USCIS’s Form I-9 website, I-9 Central
.


Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Obtaining and using Forms I-9

Header deleted, text inserted in General Instructions section


Completing Section 1: Employee Information and Attestation


Section 1: Employee Information and Attestation


Newly hired employees must complete and sign Section 1 no later than the first day of employment. Section 1 should never be completed before the employee has accepted a job offer.


Provide the following information to complete Section 1:

Completing Section 1: Employee Information and Attestation


You, the employee, must complete each field in Section 1 as described below. Newly hired employees must complete and sign Section 1 no later than the first day of employment. Section 1 should never be completed before you have accepted a job offer.

Entering Your Employee Information

(NEW SUBHEAD)



















Entering Your Employee Information (cont.)




































Entering Your Employee Information (cont.)


Name: Provide your full legal last name, first name and middle initial. Your last name is your family name or surname. If you have two last names or a hyphenated last name, include both names in the last name field. Your first name is your given name. Your middle initial is the first letter of your second given name, or the first letter of your middle name, if any.


Other Names Used: Provide all other names used, if any (including maiden name). If you have had no other legal names, write N/A.


Address: Provide the address where you currently live, including Street Name and Number, Apartment Number (if any), City, State, and Zip Code. Only border commuters from Canada or Mexico may use an international address in this field.


Date of Birth: Provide your date of birth in the mm/dd/yyyy format. For example, January 23, 1950, should be written as 01/23/1950.


U.S. Social Security Number: Provide your 9-digit Social Security number. Providing your Social Security number is voluntary. However, if your employer participates in e-Verify, you must provide your Social Security number.


E-mail Address and Telephone Number (Optional): You may provide your e-mail address and telephone number. Department of Homeland Security (DHS) may contact you if DHS learns of a potential mismatch between the information provided and the information in DHS and Social Security Administration (SSA) record.. Enter "N/A" if you choose not to provide this information.


Entering Your Employee Information


Last Name (Family Name): Enter your full legal last name. Your last name is your family name or surname. If you have two last names or a hyphenated last name, include both names in the Last Name field.


Examples of correctly entered last names include De La Cruz, O’Neill, Garcia Lopez, Smith-Johnson, Nguyen.


If you only have one name, enter it in this field, then enter “Unknown” in the First Name field. You may not enter “Unknown” in both the Last Name field and the First Name field.

First Name (Given Name): Enter your full legal first name. Your first name is your given name.


Some examples of correctly entered first names include Jessica, John-Paul, Tae Young, D’Shaun, Mai.


If you only have one name, enter it in the Last Name field, then enter “Unknown” in this field. You may not enter “Unknown” in both the First Name field and the Last Name field.


Middle Initial: Your middle initial is the first letter of your second given name, or the first letter of your middle name, if any. If you have more than one middle name, enter the first letter of your first middle name. If you do not have a middle name, enter N/A in this field.


Other Last Names Used: Provide all other last names used, if any (such as maiden name). Enter N/A if you have not used other last names. For example, if you legally changed your first name from Smith to Jones, you should enter the name Smith in this field.


Address (Street Name and Number): Enter the street name and number of the current address of your residence. If you are a border commuter from Canada or Mexico, you may enter your Canada or Mexico address in this field. If your residence does not have a physical address, enter a description of the location of your residence, such as “3 miles southwest of Anytown post office near water tower.”


Apartment: Enter the number(s) or letter(s) that identify(ies) your apartment. If you do not live in an apartment, enter N/A.


City or Town: Enter your city, town or village in this field. If your residence is not located in a city, town or village, enter your county, township, reservation, etc., in this field. If you are a border commuter from Canada, enter your city and province in this field. If you are a border commuter from Mexico, enter your city and state in this field.

State: Enter the abbreviation of your state or territory in this field. If you are a border commuter from Canada or Mexico, enter your country abbreviation in this field.


ZIP Code: Enter your 5-digit ZIP code. If you are a border commuter from Canada or Mexico, enter your 5- or 6-digit postal code in this field.


Date of Birth: Enter your date of birth as a 2-digit month, 2-digit day, and 4-digit year (mm/dd/yyyy). For example, enter January 8, 1980 as 01/08/1980.


U.S. Social Security Number: Providing your 9-digit Social Security number is voluntary on Form I-9 unless your employer participates in E-Verify.

If your employer participates in E-Verify and:

  1. You have been issued a Social Security number, you must provide it in this field; or

  2. You have applied for, but have not yet received a Social Security number, leave this field blank until you receive a Social Security number.


Employee’s E-mail Address (Optional): Providing your e-mail address is optional on Form I-9. To enter your e-mail address, use this format: [email protected]. One reason Department of Homeland Security (DHS) may e-mail you is if your employer uses E-Verify and DHS learns of a potential mismatch between the information provided and the information in government records. This e-mail would contain information on how to begin to resolve the potential mismatch. You may use either your personal or work e-mail address in this field. Enter N/A if you do not enter your e-mail address.


Employee’s Telephone Number (Optional): Providing your telephone number is optional for Form I-9. If you enter your area code and telephone number, use this format: 000-000-0000 Enter "N/A" if you do not enter your telephone number.

Attesting to Your Citizenship or Immigration Status (NEW SUBHEAD)

All employees must attest in Section 1, under penalty of perjury, to their citizenship or immigration status by checking one of the following four boxes provided on the form.

You must select one box to attest to your citizenship or immigration status.


Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Attesting to Your Citizenship or Immigration Status (cont.)

  1. A citizen of the United States


  1. Noncitizen national of the United States: Noncitizen nationals of the United States are persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad.


  1. Lawful permanent resident: A lawful permanent resident is any person who is not a U.S. citizen and who resides in the United States under legally recognized and lawfully recorded permanent residence as an immigrant. The term “lawful permanent resident” includes conditional residents. If you check this box, write either your Alien Registration Number (A-Number) or USCIS Number in the field next to your selection. At this time, the USCIS Number is the same as the A-Number without the "A" prefix.


  1. Alien authorized to work: If you are not a citizen or national of the United States or a lawful permanent resident, but are authorized to work in the United States, check this box.


  1. A citizen of the United States.

  2. A noncitizen national of the United States: An individual born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad. 


  1. A lawful permanent resident: An individual who is not a U.S. citizen and who resides in the United States under legally recognized and lawfully recorded permanent residence as an immigrant. This term includes conditional residents. Asylees and refugees should not select this status, but should instead select “An alien authorized to work” below.

If you select “lawful permanent resident,” enter your 7- to 9-digit Alien Registration Number (A-Number) or USCIS Number in the space provided. When completing this field using a computer, use the dropdown provided to indicate whether you have entered an Alien Number or a USCIS Number. At this time, the USCIS Number is the same as the A-Number without the "A" prefix.


  1. An alien authorized to work: An individual who is not a citizen or national of the United States, or a lawful permanent resident, but is authorized to work in the United States.


Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Attesting to Your Citizenship or Immigration Status (cont.)

If you check this box:


a. Record the date that your employment authorization expires, if any. Aliens whose employment authorization does not expire, such as refugees, asylees, and certain citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or Palau, may write "N/A" on this line.

If you select this box, enter the date that your employment authorization expires, if any, in the space provided. In most cases, your employment authorization expiration date is found on the document(s) evidencing your employment authorization. Refugees, asylees and certain citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or Palau, and other aliens whose employment authorization does not have an expiration date should enter N/A in the Expiration Date field. In some cases, such as if you have Temporary Protected Status, your employment authorization may have been automatically extended; in these cases, you should enter the expiration date of the automatic extension in this space.


Aliens authorized to work must enter one of the following to complete Section 1:

  1. Alien Registration Number (A-Number)/USCIS Number; or

  2. Form I-94 Admission Number; or

  3. Foreign Passport Number and the Country of Issuance


Your employer may not ask you to present the document from which you supplied this information.

Attesting to Your Citizenship or Immigration Status (cont.)

b. Next, enter your Alien Registration Number (A-Number)/USCIS Number. At this time, the USCIS Number is the same as your A-Number without the “A” prefix. If you have not received an A-Number/USCIS Number, record your Admission Number. You can find your Admission Number on Form I-94, "Arrival-Departure Record," or as directed by U.S. Customs and Border Protection in connection with your arrival in the United States.


Alien Registration Number/USCIS Number: Enter your 7- to 9-digit Alien Registration Number (A-Number), including the “A”, or your USCIS Number in this field. At this time, the USCIS Number is the same as your A-Number without the "A" prefix. When completing this field using a computer, use the dropdown provided to indicate whether you have entered an Alien Number or a USCIS Number. If you do not provide an A-Number or USCIS Number, enter N/A in this field, then enter either a Form I-94 Admission Number or a Foreign Passport and Country of Issuance in the fields provided.


Form I-94 Admission Number: Enter your 11-digit I-94 Admission Number in this field. If you do not provide an I-94 Admission Number, enter N/A in this field, then enter either an Alien Registration Number/USCIS Number or a Foreign Passport Number and Country of Issuance in the fields provided.

Attesting to Your Citizenship or Immigration Status (cont.)

(1) If you were issued this Form I-94 when you entered the United States, such as at an airport or land border, then also record information about the foreign passport you used to enter the United States (number and country of issuance).


(2) If you received this Form I-94 from USCIS within the United States, or you entered the United States without a foreign passport, write "N/A" in the Foreign Passport Number and Country of Issuance fields.

Foreign Passport Number: Enter your Foreign Passport Number in this field. If you do not provide a Foreign Passport Number, enter N/A in this field, then enter either an Alien Number/USCIS Number or an I-94 Admission Number in the fields provided.


Country of Issuance: If you entered your Foreign Passport Number, enter your Foreign Passport's Country of Issuance.  If you did not enter your Foreign Passport Number, enter N/A.

Attesting to Your Citizenship or Immigration Status (cont.)

Sign your name in the "Signature of Employee" block and record the date you completed and signed Section 1. By signing and dating this form, you attest that the citizenship or immigration status you selected is correct and that you are aware that you may be imprisoned and/or fined for making false statements or using false documentation when completing this form. To fully complete this form, you must present to your employer documentation that establishes your identity and employment authorization. Choose which documents to present from the Lists of Acceptable Documents, found on the last page of this form. You must present this documentation no later than the third day after beginning employment, although you may present the required documentation before this date.

Signature of Employee: After completing Section 1, sign your name in this field. If you used a form obtained from the USCIS website, you must print the form to sign your name in this field. By signing this form, you attest under penalty of perjury (28 U.S.C. §1746) that the information you provided, along with the citizenship or immigration status you selected, and all information and documentation you provide to your employer, is complete, true and correct, and you are aware that you may face severe penalties provided by law and may be subject to criminal prosecution for knowingly and willfully making false statements or using false documentation when completing this form. Further, falsely attesting to U.S. citizenship may subject employees to penalties, removal proceedings and may adversely affect an employee’s ability to seek future immigration benefits. If you cannot sign your name, you may place a mark in this field to indicate your signature. Employees who use a preparer or translator to help them complete the form must still sign or place a mark in the Signature of Employee field on the printed form.


Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Signature Instructions for Preparers, Translators and Other Individuals Assisting Employees in Completing Form I-9 (NEW SUBHEAD)




If you used a preparer, translator, and other individual to assist you in completing Form I-9:

  • Both you and your preparer(s) and/or translator(s) must complete the appropriate areas of Section 1, and then sign Section 1. If Section 1 was completed on a form obtained from the USCIS website, the form must be printed to sign these fields. You and your preparer(s) and/or translator(s) also should review the instructions for Completing the Preparer and/or Translator Certification below.

  • If the employee is a minor (individual under 18) who cannot present an identity document, the employee’s parent or legal guardian can complete Section 1 for the employee and enter "minor under age 18" in the signature field. If Section 1 was completed on a form obtained from the USCIS website, the form must be printed to enter this information. The minor’s parent or legal guardian should review the instructions for Completing the Preparer and/or Translator Certification below. Refer to the Handbook for Employers: Guidance for Completing Form I-9 (M-274) for more guidance on completion of Form I-9 for minors. If the minor’s employer participates in E-Verify, the employee must present a List B identity document with a photograph to complete Form I-9.

  • If the employee is a person with a disability (who is placed in employment by a nonprofit organization, association or as part of a rehabilitation program) who cannot present an identity document, the employee’s parent, legal guardian or a representative of the nonprofit organization, association or rehabilitation program can complete Section 1 for the employee and enter "Special Placement" in this field. If Section 1 was completed on a form obtained from the USCIS website, the form must be printed to enter this information. The parent, legal guardian or representative of the nonprofit organization, association or rehabilitation program completing Section 1 for the employee should review the instructions for Completing the Preparer and/or Translator Certification below. Refer to the Handbook for Employers: Guidance for Completing Form I-9 (M-274) for more guidance on completion of Form I-9 for certain employees with disabilities.


Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Signature Instructions for Preparers, Translators and Other Individuals Assisting Employees in Completing Form I-9 (cont.)


Date: Enter the date you signed Section 1 in this field. Enter the date as a 2-digit month, 2-digit day and 4-digit year (mm/dd/yyyy). For example, enter January 8, 2014 as 01/08/2014. A preparer or translator who assists the employee in completing Section 1 may enter the date the employee signed or made a mark to sign Section 1 in this field. Parents or legal guardians assisting minors (individuals under age 18) and parents, legal guardians or representatives of a nonprofit organization, association or rehabilitation program assisting certain employees with disabilities must enter the date they completed Section 1 for the employee.

Preparer and/or Translator Certification (RELOCATED/EXPANDED)

The Preparer and/or Translator Certification must be completed if the employee requires assistance to complete Section 1 (e.g., the employee needs the instructions or responses translated, someone other than the employee fills out the information blocks, or someone with disabilities needs additional assistance). The employee must still sign Section 1.

See expanded Completing the Preparer and/or Translator Certification below.

Minors and Certain Employees with Disabilities (Special Placement) (RELOCATED/REVISED)

Parents or legal guardians assisting minors (individuals under 18) and certain employees with disabilities should review the guidelines in the Handbook for Employers: Instructions for Completing Form I-9 (M-274) on www.uscis.gov/I-9Central before completing Section 1. These individuals have special procedures for establishing identity if they cannot present an identity document for Form I-9. The special procedures include (1) the parent or legal guardian filling out Section 1 and writing "minor under age 18" or "special placement," whichever applies, in the employee signature block; and (2) the employer writing "minor under age 18" or "special placement" under List B in Section 2.



Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Completing the Preparer and/or Translator Certification (NEW SUBHEAD)





























Completing the Preparer and/or Translator Certification (cont.)






If you did not use a preparer or translator to assist you in completing Section 1, you, the employee, must check the box marked I did not use a Preparer or Translator. If you check this box, leave the rest of the fields in this area blank.


If one or more preparers and/or translators assist the employee in completing the form using a computer, the preparer and/or translator must check the box marked “A preparer(s) and/or translator(s) assisted the employee in completing Section 1”, then select the number of Certification areas needed from the dropdown provided. Any additional Certification areas generated will result in an additional page (“Supplement for Section 1 Preparer and/or Translator Certification”). The Supplement for Section 1 Preparer and/or Translator Certification can be separately downloaded from the USCIS Form I-9 webpage, which provides additional Certification areas for those completing Form I-9 using a computer who need extra sheets or those who are completing Form I-9 on paper. The first preparer and/or translator must complete all the fields in the Certification area on the same page the employee has signed. There is no limit to the number of preparers and/or translators an employee can use, but each additional preparer and/or translator must complete and sign a separate Certification area. Ensure the employee’s last name, first name and middle initial are entered at the top of any additional pages. The employer must ensure that any additional pages are retained with the employee’s completed Form I-9.


Signature of Preparer or Translator: Any person who helped to prepare or translate Section 1 of Form I-9 must sign his or her name in this field. If you used a form obtained from the USCIS website, you must print the form to sign your name in this field. The Preparer and/or Translator Certification must also be completed if “Individual under Age 18” or “Special Placement” is entered in lieu of the employee’s signature in Section 1.


Date: The person who signs the Preparer and/or Translator Certification must enter the date he or she signs in this field on the printed form. Enter the date as a 2-digit month, 2-digit day, and 4-digit year (mm/dd/yyyy). For example, enter January 8, 2014 as 01/08/2014.


Last Name (Family Name): Enter the full legal last name of the person who helped the employee in preparing or translating Section 1 in this field. The last name is also the family name or surname. If the preparer or translator has two last names or a hyphenated last name, include both names in this field.

First Name (Given Name): Enter the full legal first name of the person who helped the employee in preparing or translating Section 1 in this field. The first name is also the given name.


Address (Street Name and Number): Enter the street name and number of the current address of the residence of the person who helped the employee in preparing or translating Section 1 in this field. Addresses for residences in Canada or Mexico may be entered in this field. If the residence does not have a physical address, enter a description of the location of the residence, such as “3 miles southwest of Anytown post office near water tower.” If the residence is an apartment, enter the apartment number in this field.


City or Town: Enter the city, town or village of the residence of the person who helped the employee in preparing or translating Section 1 in this field. If the residence is not located in a city, town or village, enter the name of the county, township, reservation, etc., in this field. If the residence is in Canada, enter the city and province in this field. If the residence is in Mexico, enter the city and state in this field.


State: Enter the abbreviation of the state, territory or country of the preparer or translator’s residence in this field.


ZIP Code: Enter the 5-digit ZIP code of the residence of the person who helped the employee in preparing or translating Section 1 in this field. If the preparer or translator’s residence is in Canada or Mexico, enter the 5- or 6-digit postal code.


Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Presenting Form I-9 Documents (NEW SUBHEAD)































Presenting Form I-9 Documents (cont.)



Within 3 business days of starting work for pay, you must present to your employer documentation that establishes your identity and employment authorization. For example, if you begin employment on Monday, you must present documentation on or before Thursday of that week. However, if you were hired to work for less than 3 business days, you must present documentation no later than the end of the first day of employment.


Choose which unexpired document(s) to present to your employer from the Lists of Acceptable Documents. An employer cannot specify which document(s) you may present from the Lists of Acceptable Documents. You may present either one selection from List A or a combination of one selection from List B and one selection from List C. Some List A documents, which show both identity and employment authorization, are combination documents that must be presented together to be considered a List A document: for example, the foreign passport together with a Form I-94 containing an endorsement of the alien’s nonimmigrant status and employment authorization with a specific employer incident to such status. List B documents show identity only and List C documents show employment authorization only. If your employer participates in E-Verify and you present a List B document, the document must contain a photograph. If you present acceptable List A documentation, you should not be asked to present, nor should you provide, List B and List C documentation. If you present acceptable List B and List C documentation, you should not be asked to present, nor should you provide, List A documentation. If you are unable to present a document(s) from these lists, you may be able to present an acceptable receipt. Refer to the Receipts section below.


Your employer must review the document(s) you present to complete Form I-9. If your document(s) reasonably appears to be genuine and to relate to you, your employer must accept the document(s). If your document(s) does not reasonably appear to be genuine or to relate to you, your employer must reject it and provide you with an opportunity to present other documents from the Lists of Acceptable Documents. Your employer may choose to make copies of your document(s), but must return the original(s) to you. Your employer must review your documents in your physical presence.


Your employer will complete the other parts of this form, as well as review your entries in Section 1. Your employer may ask you to correct any errors found. Your employer is responsible for ensuring all parts of Form I-9 are properly completed and is subject to penalties under federal law if the form is not completed correctly.


Minors (individuals under age 18) and certain employees with disabilities whose parent, legal guardian or representative completed Section 1 for the employee are only required to present an employment authorization document from List C. Refer to the Handbook for Employers: Guidance for Completing Form I-9 (M-274)for more guidance on minors and certain individuals with disabilities.


Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Receipts (NEW SUBHEAD)




If you do not have unexpired documentation from the Lists of Acceptable Documents, you may be able to present a receipt(s) in lieu of an acceptable document(s). New employees who choose to present a receipt(s) must do so within three business days of their first day of employment. If your employer is reverifying your employment authorization, and you choose to present a receipt for reverification, you must present the receipt by the date your employment authorization expires. Receipts are not acceptable if employment lasts fewer than three business days.


There are three types of acceptable receipts:

  1. A receipt showing that you have applied to replace a document that was lost, stolen or damaged. You must present the actual document within 90 days from the date of hire or, in the case of reverification, within 90 days from the date your original employment authorization expires.

  2. The arrival portion of Form I-94/I-94A containing a temporary I-551 stamp and a photograph of the individual. You must present the actual Permanent Resident Card (Form I-551) by the expiration date of the temporary I-551 stamp, or, if there is no expiration date, within 1 year from the date of admission.

  3. The departure portion of Form I-94/I-94A with a refugee admission stamp. You must present an unexpired Employment Authorization Document (Form I-766) or a combination of a List B document and an unrestricted Social Security Card within 90 days from the date of hire or, in the case of reverification, within 90 days from the date your original employment authorization expires.


Receipts showing that you have applied for an initial grant of employment authorization, or for renewal of your expiring or expired employment authorization, are not acceptable.

Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Completing Section 2: Employer or Authorized Representative Review and Verification


Section 2. Employer or Authorized Representative Review and Verification


Before completing Section 2, employers must ensure that Section 1 is completed properly and on time. Employers may not ask an individual to complete Section 1 before he or she has accepted a job offer.

Completing Section 2: Employer or Authorized Representative Review and Verification


You, the employer, must ensure that all parts of Form I-9 are properly completed and may be subject to penalties under federal law if the form is not completed correctly. Section 1 must be completed no later than the end of the employee’s first day of employment. You may not ask an individual to complete Section 1 before he or she has accepted a job offer. Before completing Section 2, you should review Section 1 to ensure the employee completed it properly. If you find any errors in Section 1, have the employee make corrections, as necessary and initial and date any corrections made.


You or your authorized representative must complete Section 2 by examining evidence of identity and employment authorization within 3 business days of the employee’s first day of employment. For example, if an employee begins employment on Monday, you must review the employee’s documentation and complete Section 2 on or before Thursday of that week. However, if you hire an individual for less than 3 business days, Section 2 must be completed no later than the end of the first day of employment.

Entering Employee Information from Section 1 (NEW SUBHEAD)


This area, titled, “Employee Info from Section 1” contains fields to enter the employee’s last name, first name, middle initial exactly as he or she entered them in Section1. This area also includes a Citizenship/Immigration Status field to enter the number of the citizenship or immigration status checkbox the employee selected in Section 1. These fields help to ensure that the two pages of an employee’s Form I-9 remain together. When completing Section 2 using a computer, the number entered in the Citizenship/Immigration Status field provides drop-downs that directly relate to the employee’s selected citizenship or immigration status.


Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Entering Documents the Employee Presents (NEW SUBHEAD)































Entering Documents the Employee Presents (cont.)


Employers cannot specify which document(s) employees may present from the Lists of Acceptable Documents found on the last page of Form I-9 to establish identity and employment authorization. Employees must present one selection from List A OR a combination of one selection from List B and one selection from List C. List A contains documents that show both identity and employment authorization. Some List A documents are combination documents. The employee must present combination documents together to be considered a List A document. For example, a foreign passport and a Form I-94 containing an endorsement of the alien's nonimmigrant status must be presented together to be considered a List A document. List B contains documents that show identity only, and List C contains documents that show employment authorization only. If an employee presents a List A document, he or she should not present a List B and List C document, and vice versa. If an employer participates in E-Verify, the List B document must include a photograph.


In the field below the Section 2 introduction, employers must enter the last name, first name and middle initial, if any, that the employee entered in Section 1. This will help to identity the pages of the form should they get separated.


Employers or their authorized representative must:


  1. Physically examine each original document the employee presents to determine if it reasonably appears to be genuine and to relate to the person presenting it. The person who examines the documents must be the same person who signs Section 2. The examiner of the documents and the employee must both be physically present during the examination of the employee's documents.

  2. Record the document title shown on the Lists of Acceptable Documents, issuing authority, document number and expiration date (if any) from the original document(s) the employee presents. You may write "N/A" in any unused fields.

If the employee is a student or exchange visitor who presented a foreign passport with a Form I-94, the employer should also enter in Section 2:


a. The student's Form I-20 or DS-2019 number (Student and Exchange Visitor Information System-SEVIS Number); and


b. The program end date from Form I-20 or DS-2019.

  1. Under Certification, enter the employee's first day of employment. Temporary staffing agencies may enter the first day the employee was placed in a job pool. Recruiters and recruiters for a fee do not enter the employee's first day of employment.

  2. Provide the name and title of the person completing Section 2 in the Signature of Employer or Authorized Representative field.

  3. Sign and date the attestation on the date Section 2 is completed.

  4. Record the employer's business name and address.

  5. Return the employee's documentation.

Employers may, but are not required to, photocopy the document(s) presented. If photocopies are made, they should be made for ALL new hires or reverifications. Photocopies must be retained and presented with Form I-9 in case of an inspection by DHS or other federal government agency. Employers must always complete Section 2 even if they photocopy an employee's document(s). Making photocopies of an employee's document(s) cannot take the place of completing Form I-9. Employers are still responsible for completing and retaining Form I-9.

Entering Documents the Employee Presents


You, the employer or authorized representative, must physically examine, in the employee’s physical presence, the unexpired document(s) the employee presents from the Lists of Acceptable Documents to complete the Document fields in Section 2.


You cannot specify which document(s) an employee may present from these lists. If you discriminate in the Form I-9 process based on an individual’s citizenship status, immigration status, or national origin, you may be in violation of the law and subject to sanctions such as civil penalties and be required to pay back pay to discrimination victims. A document is acceptable as long as it reasonably appears to be genuine and to relate to the person presenting it. Employees must present one selection from List A or a combination of one selection from List B and one selection from List C.


List A documents show both identity and employment authorization. Some List A documents are combination documents that must be presented together to be considered a List A document, such as a foreign passport together with a Form I-94 containing an endorsement of the alien’s nonimmigrant status.


List B documents show identity only, and List C documents show employment authorization only. If an employee presents a List A document, do not ask or require the employee to present List B and List C documents, and vice versa. If an employer participates in E-Verify and the employee presents a List B document, the List B document must include a photograph.


If an employee presents a receipt for the application to replace a lost, stolen or damaged document, the employee must present the replacement document to you within 90 days of the first day of work for pay, or in the case of reverification, within 90 days of the date the employee’s employment authorization expired. Enter the word “Receipt” followed by the title of the receipt in Section 2 under the list that relates to the receipt.


When your employee presents the replacement document, draw a line through the receipt, then enter the information from the new document into Section 2. Other receipts may be valid for longer or shorter periods, such as the arrival portion of Form I-94/I-94A containing a temporary I-551 stamp and a photograph of the individual, which is valid until the expiration date of the temporary I-551 stamp or, if there is no expiration date, valid for one year from the date of admission.


Ensure that each document is an unexpired, original (except for certified copies of birth certificates) document. Certain employees may present an expired employment authorization document, which may be considered unexpired, if the employee’s employment authorization has been extended by regulation or a Federal Register Notice. Refer to the Handbook for Employers: Guidance for Completing Form I-9 (M-274) or I-9 Central for more guidance on these special situations.


Refer to the M-274 for guidance on how to handle special situations, such as students (who may present additional documents not specified on the Lists) and H-1B and H-2A nonimmigrants changing employers.


Minors (individuals under age 18) and certain employees with disabilities whose parent, legal guardian or representative completed Section 1 for the employee are only required to present an employment authorization document from List C. Refer to the M-274 for more guidance on minors and certain persons with disabilities. If the minor’s employer participates in E-Verify, the minor employee also must present a List B identity document with a photograph to complete Form I-9.


You must return original document(s) to the employee, but may make photocopies of the document(s) reviewed. Photocopying documents is voluntary unless you participate in E-Verify. E-Verify employers are only required to photocopy certain documents. If you are an E-Verify employer who chooses to photocopy documents other than those you are required to photocopy, you should apply this policy consistently with respect to Form I-9 completion for all employees. For more information on the types of documents that an employer must photocopy if the employer uses E-Verify, visit E-Verify’s website at www.dhs.gov/e-verify. For non-E-Verify employers, if photocopies are made, they should be made consistently for ALL new hires and reverified employees.


Photocopies must be retained and presented with Form I-9 in case of an inspection by DHS or another federal government agency. You must always complete Section 2 by reviewing original documentation, even if you photocopy an employee’s document(s) after reviewing the documentation. Making photocopies of an employee’s document(s) cannot take the place of completing Form I-9. You are still responsible for completing and retaining Form I-9.

Entering Documents the Employee Presents (cont.)


List A - Identity and Employment Authorization: If the employee presented an acceptable document(s) from List A or an acceptable receipt for a List A document, enter the document(s) information in this column. If the employee presented a List A document that consists of a combination of documents, enter information from each document in that combination in a separate area under List A as described below. All documents must be unexpired. If you enter document information in the List A column, you should not enter document information in the List B or List C columns. If you complete Section 2 using a computer, a selection in List A will fill all the fields in the Lists B and C columns with N/A.

Document Title: If the employee presented a document from List A, enter the title of the List A document or receipt in this field. The abbreviations provided are available in the dropdown when the form is completed on a computer. When completing the form on paper, you may choose to use these abbreviations or any other common abbreviation to enter the document title or issuing authority. If the employee presented a combination of documents, use the second and third Document Title fields as necessary. (See page 35 of this document for new table included in the instructions that lists approved abbreviations for long document titles.)


Issuing Authority: Enter the issuing authority of the List A document or receipt. The issuing authority is the specific entity that issued the document. If the employee presented a combination of documents, use the second and third Issuing Authority fields as necessary.


Document Number: Enter the document number, if any, of the List A document or receipt presented. If the document does not contain a number, enter N/A in this field. If the employee presented a combination of documents, use the second and third Document Number fields as necessary. If the document presented was a Form I-20 or DS-2019, enter the Student and Exchange Visitor Information System (SEVIS) number in the third Document Number field exactly as it appears on the Form I-20 or the DS-2019.


Expiration Date (if any) (mm/dd/yyyy): Enter the expiration date, if any, of the List A document. The document is not acceptable if it has already expired. If the document does not contain an expiration date, enter N/A in this field. If the document uses text rather than a date to indicate when it expires, enter the text as shown on the document, such as “D/S” (which means, “duration of status”). For a receipt, enter the expiration date of the receipt validity period as described above. If the employee presented a combination of documents, use the second and third Expiration Date fields as necessary. If the document presented was a Form I-20 or DS-2019, enter the program end date here.


List B - Identity: If the employee presented an acceptable document from List B or an acceptable receipt for the application to replace a lost, stolen, or destroyed List B document, enter the document information in this column. If a parent or legal guardian attested to the identity of an employee who is an individual under age 18 or certain employees with disabilities in Section 1, enter either "Individual under age 18" or "Special Placement" in this field. Refer to the Handbook for Employers: Guidance for Completing Form I-9 (M-274) for more guidance on individuals under age 18 and certain person with disabilities.

If you enter document information in the List B column, you must also enter document information in the List C column. If an employee presents acceptable List B and List C documents, do not ask the employee to present a list A document. No entries should be made in the List A column. If you complete Section 2 using a computer, a selection in List B will fill all the fields in the List A column with N/A.


Document Title: If the employee presented a document from List B, enter the title of the List B document or receipt in this field. The abbreviations provided are available in the dropdown when the form is completed on a computer. When completing the form on paper, you may choose to use these abbreviations or any other common abbreviations to document the document title or issuing authority. (See page 36 of this document for new table included in the instructions that lists approved abbreviations for long document titles.)


Issuing Authority: Enter the issuing authority of the List B document or receipt. The issuing authority is the entity that issued the document. If the employee presented a document that is issued by a state agency, include the state as part of the issuing authority.


Document Number: Enter the document number, if any, of the List B document or receipt exactly as it appears on the document. If the document does not contain a number, enter N/A in this field.


Expiration Date (if any) (mm/dd/yyyy): Enter the expiration date, if any, of the List B document. The document is not acceptable if it has already expired. If the document does not contain an expiration date, enter N/A in this field. For a receipt, enter the expiration date of the receipt validity period as described in the Receipt section above.


List C - Employment Authorization: If the employee presented an acceptable document from List C, or an acceptable receipt for the application to replace a lost, stolen, or destroyed List C document, enter the document information in this column. If you enter document information in the List C column, you must also enter document information in the List B column. If an employee presents acceptable List B and List C documents, do not ask the employee to present a List A document. No entries should be made in the List A column.


Document Title: If the employee presented a document from List C, enter the title of the List C document or receipt in this field. The abbreviations provided are available in the dropdown when the form is completed on a computer. When completing the form on paper, you may choose to use these abbreviations or any other common abbreviations to document the document title or issuing authority. If you are completing the form on a computer, and you select an Employment authorization document issued by DHS, the field will populate with List C #8 and provide a space for you to enter a description of the documentation the employee presented. Refer to the M-274 for guidance on entering List C #8 documentation. (See page 37 of this document for new table included in the instructions that lists approved abbreviations for long document titles.)


Issuing Authority: Enter the issuing authority of the List C document or receipt. The issuing authority is the entity that issued the document.


Document Number: Enter the document number, if any, of the List C document or receipt exactly as it appears on the document. If the document does not contain a number, enter N/A in this field.


Expiration Date (if any) (mm/dd/yyyy): Enter the expiration date, if any, of the List C document. The document is not acceptable if it has already expired, unless USCIS has extended the expiration date on the document. For instance, if a conditional resident presents a Form I-797 extending his or her conditional resident status with the employee’s expired Form I-551, enter the future expiration date of the expired Form I-551 as indicated on the Form I-797. If the document has no expiration date, enter N/A in this field. For a receipt, enter the expiration date of the receipt validity period as described in the Receipt section above.

Entering Documents the Employee Presents (Additional Information)


Additional Information: Use this space to notate any additional information required for Form I-9, such as:


  • Employment authorization extensions for Temporary Protected Status beneficiaries, F-1 OPT STEM students, CAP-GAP, H-1B and H-2A employees continuing employment with the same employer or changing employers, and other nonimmigrant categories that may receive extensions of stay

  • Additional document(s) that certain nonimmigrant employees may present

  • Discrepancies that E-Verify employers must notate when participating in the IMAGE program

  • Employee termination dates and form retention dates

  • E-Verify case number, which may also be entered in the margin or attached as a separate sheet per E-Verify requirements and your chosen business process

  • Any other comments or notations necessary for the employer’s business process


You may leave this field blank if the employee’s circumstances do not require additional notations.


Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Entering Information in the Employer Certification

(NEW SUBHEAD)


Employee’s First Day of Employment: Enter the employee’s first day of employment as a 2-digit month, 2-digit day and 4-digit year (mm/dd/yyyy).


Signature of Employer or Authorized Representative: Review the form for accuracy and completeness. The person who physically examines the employee's original document(s) and completes Section 2 must sign his or her name in this field. If you used a form obtained from the USCIS website, you must print the form to sign your name in this field. By signing Section 2, you attest under penalty of perjury (28 U.S.C. §1746) that you have physically examined the documents presented by the employee, that the document(s) reasonably appear to be genuine and to relate to the employee named, that to the best of your knowledge the employee is authorized to work in the United States, that the information you entered in Section 2 is complete, true and correct to the best of your knowledge, and that you are aware that you may face severe penalties provided by law and may be subject to criminal prosecution for knowingly and willfully making false statements or knowingly accepting false documentation when completing this form.


Date: The person who signs Section 2 must enter the date he or she signed Section 2 in this field. If you used a form obtained from the USCIS website, you must print the form to write the date in this field. Enter the date as a 2-digit month, 2-digit day and 4-digit year (mm/dd/yyyy). For example, enter January 8, 2014 as 01/08/2014.


Title of Employer or Authorized Representative: Enter the title, position or role of the person who physically examines the employee's original document(s), completes, and signs Section 2.

Last Name of the Employer or Authorized Representative: Enter the full legal last name of the person who physically examines the employee's original documents, completes and signs Section 2. Last name refers to family name or surname. If the person has two last names or a hyphenated last name, include both names in this field.


First Name of the Employer or Authorized Representative: Enter the full legal first name of the person who physically examines the employee's original documents, completes, and signs Section 2.  First name refers to the given name.


Employer's Business or Organization Name: Enter the name of the employer’s business or organization in this field.


Employer's Business or Organization Address (Street Name and Number): Enter an actual, physical address of the employer. If your company has multiple locations, use the most appropriate address that identifies the location of the employer. Do not provide a P.O. Box address.


City or Town: Enter the city or town for the employer’s business or organization address. If the location is not a city or town, you may enter the name of the village, county, township, reservation, etc. that applies.

State: Enter the two-character abbreviation of the state for the employer’s business or organization address.


ZIP Code: Enter the 5-digit ZIP code for the employer’s business or organization address.

Unexpired Documents

(Removed)

Unexpired Documents

Generally, only unexpired, original documentation is acceptable. The only exception is that an employee may present a certified copy of a birth certificate. Additionally, in some instances, a document that appears to be expired may be acceptable if the expiration date shown on the face of the document has been extended, such as for individuals with temporary protected status. Refer to the Handbook for Employers: Instructions for Completing Form I-9 (M-274) or I-9 Central (www.uscis.gov/I-9Central) for examples.



Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Receipts (Relocated and Revised)

Receipts

If an employee is unable to present a required document (or documents), the employee can present an acceptable receipt in lieu of a document from the Lists of Acceptable Documents on the last page of this form. Receipts showing that a person has applied for an initial grant of employment authorization, or for renewal of employment authorization, are not acceptable. Employers cannot accept receipts if employment will last less than 3 days. Receipts are acceptable when completing Form I-9 for a new hire or when reverification is required.

Employees must present receipts within 3 business days of their first day of employment, or in the case of reverification, by the date that reverification is required, and must present valid replacement documents within the time frames described below.

There are three types of acceptable receipts:

  1. A receipt showing that the employee has applied to replace a document that was lost, stolen or damaged. The employee must present the actual document within 90 days from the date of hire.

  2. The arrival portion of Form I-94/I-94A with a temporary I-551 stamp and a photograph of the individual. The employee must present the actual Permanent Resident Card (Form I-551) by the expiration date of the temporary I-551 stamp, or, if there is no expiration date, within 1 year from the date of issue.

  3. The departure portion of Form I-94/I-94A with a refugee admission stamp. The employee must present an unexpired Employment Authorization Document (Form I-766) or a combination of a List B document and an unrestricted Social Security card within 90 days.

When the employee provides an acceptable receipt, the employer should:

  1. Record the document title in Section 2 under the sections titled List A, List B, or List C, as applicable.


  1. Write the word "receipt" and its document number in the "Document Number" field. Record the last day that the receipt is valid in the "Expiration Date" field.

By the end of the receipt validity period, the employer should:

  1. Cross out the word "receipt" and any accompanying document number and expiration date.

  2. Record the number and other required document information from the actual document presented.

  3. Initial and date the change.

See the Handbook for Employers: Instructions for Completing Form I-9 (M-274) at www.uscis.gov/I-9Central for more information on receipts.


Completing Section 3: Reverification and Rehires

Section 3: Reverification and Rehires

Employers or their authorized representatives should complete Section 3 when reverifying that an employee is authorized to work. When rehiring an employee within 3 years of the date Form I-9 was originally completed, employers have the option to complete a new Form I-9 or complete Section 3. When completing Section 3 in either a reverification or rehire situation, if the employee's name has changed, record the name change in Block A.

Completing Section 3: Reverification and Rehires

Section 3 applies to both reverification and rehires. When completing this section, you must also complete the Last Name, First Name and Middle Initial fields in the Employee Info from Section 1 area at the top of Section 2, leaving the Citizenship/Immigration Status field blank. When completing Section 3 in either a reverification or rehire situation, if the employee’s name has changed, record the new name in Block A.



Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Reverification (NEW SUBHEAD)

(Revised to better clarify Reverification and Rehire processes)

For employees who provide an employment authorization expiration date in Section 1, employers must reverify employment authorization on or before the date provided.

Some employees may write "N/A" in the space provided for the expiration date in Section 1 if they are aliens whose employment authorization does not expire (e.g., asylees, refugees, certain citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or Palau). For such employees, reverification does not apply unless they choose to present evidence of employment authorization in Section 2 that contains an expiration date and requires reverification, such as Form I-766, Employment Authorization Document.

Reverification applies if evidence of employment authorization (List A or List C document) presented in Section 2 expires. However, employers should not reverify:

  1. U.S. citizens and noncitizen nationals; or

  2. Lawful permanent residents who presented a Permanent Resident Card (Form I-551) for Section 2.


Reverification does not apply to List B documents.

If both Section 1 and Section 2 indicate expiration dates triggering the reverification requirement, the employer should reverify by the earlier date.

For reverification, an employee must present unexpired documentation from either List A or List C showing he or she is still authorized to work. Employers CANNOT require the employee to present a particular document from List A or List C. The employee may choose which document to present.

To complete Section 3, employers should follow these instructions:

  1. Complete Block A if an employee's name has changed at the time you complete Section 3.

  2. Complete Block B with the date of rehire if you rehire an employee within 3 years of the date this form was originally completed, and the employee is still authorized to be employed on the same basis as previously indicated on this form. Also complete the "Signature of Employer or Authorized Representative" block.

  3. Complete Block C if:

    1. The employment authorization or employment authorization document of a current employee is about to expire and requires reverification; or

    2. You rehire an employee within 3 years of the date this form was originally completed and his or her employment authorization or employment authorization document has expired. (Complete Block B for this employee as well.)


To complete Block C:

  1. Examine either a List A or List C document the employee presents that shows that the employee is currently authorized to work in the United States;

  2. Record the document title, document number, and expiration date (if any); and

  3. Complete the "Signature of Employer or Authorized Representative" block, including the date.

For reverification purposes, employers may either complete Section 3 of a new Form I-9 or Section 3 of the previously completed Form I-9. Any new pages of Form I-9 completed during reverification must be attached to the employee's original Form I-9. If you choose to complete Section 3 of a new Form I-9, you may attach just the page containing Section 3, with the employee's name entered at the top of the page, to the employee's original Form I-9. If there is a more current version of the Form I-9 at the time of reverification, you must complete Section 3 of that version of the form.

Reverification


Reverification in Section 3 must be completed prior to the earlier of:

  • The expiration date, if any, of the employment authorization stated in Section 1, or

  • The expiration date, if any, of the List A or List C employment authorization document recorded in Section 2 (with some exceptions listed below).


Some employees may have entered “N/A” in the expiration date field in Section 1 if they are aliens whose employment authorization does not expire, e.g. asylees, refugees, certain citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or Palau. Reverification does not apply for such employees unless they choose to present evidence of employment authorization in Section 2 that contains an expiration date and requires reverification, such as Form I-766, Employment Authorization Document.


You should not reverify U.S. citizens and noncitizen nationals, or lawful permanent residents (including conditional residents) who presented a Permanent Resident Card (Form I-551). Reverification does not apply to List B documents.


For reverification, an employee must present an unexpired document(s) (or a receipt) from either List A or List C showing he or she is still authorized to work. You CANNOT require the employee to present a particular document from List A or List C. The employee is also not required to show the same type of document that he or she presented previously. See specific instructions on how to complete Section 3 below.



Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Rehires (NEW SUBHEAD


Rehires


If you rehire an employee within three years from the date that the Form I-9 was previously executed, you may either rely on the employee’s previously executed Form I-9 or complete a new Form I-9.


If you choose to rely on a previously completed Form I-9, follow these guidelines:


  • If the employee remains employment authorized as indicated on the previously executed Form I-9, the employee does not need to provide any additional documentation. Provide in Section 3 the employee’s rehire date, any name changes if applicable, and sign and date the form.


  • If the previously executed Form I-9 indicates that the employee’s employment authorization from Section 1 or employment authorization documentation from Section 2 that is subject to reverification has expired, then reverification of employment authorization is required in Section 3 in addition to providing the rehire date. If the previously executed Form I-9 is not the current version of the form, you must complete Section 3 on the current version of the form.


  • If you already used Section 3 of the employee’s previously completed Form I-9, but are rehiring the employee within three years of the original execution of Form I-9, you may complete Section 3 on a new Form I-9 and attach it to the previously completed form.


Employees rehired after three years of original completion of the Form I-9 must complete a new Form I-9.


Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Section 3: Reverification and Rehires (cont.)


Complete each block in Section 3 as follows:

Block A – New Name: If an employee who is being reverified or rehired has also changed his or her name since originally completing Section 1 of this form, complete this block with the employee’s new name. Enter only the part of the name that has changed; for example, if the employee changed only his or her last name, enter the new last name in the Last Name field in this Block, then enter N/A in the First Name and Middle Initial fields. If the employee has not changed his or her name, enter N/A in each field of Block A.


Block B – Date of Rehire: Complete this block if you are rehiring an employee within three years of the date Form I-9 was originally executed. Enter the date of rehire in this field. Enter N/A in this field if the employee is not being rehired.


Block C – Complete this block if you are reverifying expiring or expired employment authorization or employment authorization documentation of a current or rehired employee. Enter the information from the List A or List C document(s) (or receipt) that the employee presented to reverify his or her employment authorization. All documents must be unexpired.


Document Title: Enter the title of the List A or C document (or receipt) the employee has presented to show continuing employment authorization in this field.


Document Number: Enter the document number, if any, of the document you entered in the Document Title field exactly as it appears on the document. Enter N/A if the document does not have a number.


Expiration Date (if any) (mm/dd/yyyy): Enter the expiration date, if any, of the document you entered in the Document Title field as a 2-digit month, 2-digit day, and 4-digit year (mm/dd/yyyy). If the document does not contain an expiration date, enter N/A in this field.


Name of Employer or Authorized Representative: The person who completed, signed and dated Section 3 must enter his or her name in this field.


Date: The person who completes Section 3 must enter the date Section 3 was completed and signed in this field. If you used a form obtained from the USCIS website, you must print Section 3 of the form to enter the date in this field. Enter the date as a 2-digit month, 2-digit day, and 4-digit year (mm/dd/yyyy). For example, enter January 8, 2014 as 01/08/2014.


Signature of Employer or Authorized Representative: The person who completes Section 3 must sign in this field. If you used a form obtained from the USCIS website, you must print Section 3 of the form to sign your name in this field. By signing Section 3, you attest under penalty of perjury (28 U.S.C. §1746) that you have examined the documents presented by the employee, that the document(s) reasonably appear to be genuine and to relate to the employee named, that to the best of your knowledge the employee is authorized to work in the United States, that the information you entered in Section 2 is complete, true and correct to the best of your knowledge, and that you are aware that you may face severe penalties provided by law and may be subject to criminal prosecution for knowingly and willfully making false statements or knowingly accepting false documentation when completing this form.


Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

USCIS Forms and Information


For more detailed information about completing Form I-9, employers and employees should refer to the Handbook for Employers: Instructions for Completing Form I-9 (M-274).

You can also obtain information about Form I-9 from the USCIS Web site at www.uscis.gov/I-9Central, by e-mailing USCIS at [email protected], or by calling 1-888-464-4218. For TDD (hearing impaired), call 1-877-875-6028.

To obtain USCIS forms or the Handbook for Employers, you can download them from the USCIS Web site at www.uscis.gov/forms. You may order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by telephoning the USCIS National Customer Service Center at 1-800-375-5283. For TDD (hearing impaired), call 1-800-767-1833.

For additional guidance about Form I-9, employers and employees should refer to the Handbook for Employers: Guidance for Completing Form I-9 (M-274) or USCIS’s Form I-9 Web site at www.uscis.gov/I-9Central.


You can also obtain information about Form I-9 by e-mailing USCIS at [email protected], or by calling 1-888-464-4218 or 1-877-875-6028 (TTY).


You may download and obtain the English and Spanish versions of Form I-9, the Handbook for Employers, or the instructions to Form I-9 from the USCIS Web site at www.uscis.gov/forms. To complete Form I-9 on a computer, you will need the latest version of Adobe Reader, which can be downloaded for free at http://get.adobe.com/reader/. You may order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by contacting the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY).


Information about E-Verify, a fast, free Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States, can be obtained from the USCIS Web site at http://www.uscis.gov/e-verify, by e-mailing USCIS at [email protected] or by calling 1-888-464-4218 or 1-877-875-6028 (TTY).


Employees with questions about Form I-9 and/or E-Verify can reach the USCIS employee hotline by calling 1-888-897-7781 or 1-877-875-6028 (TTY).


Section Where Change Occurs

Current Form I-9 03/08/13 N

Proposed Revision

Photocopying Blank and Completed Forms I-9 and Retaining Completed Forms I-9


Photocopying and Retaining Form I-9

A blank Form I-9 may be reproduced, provided all sides are copied. The instructions and Lists of Acceptable Documents must be available to all employees completing this form. Employers must retain each employee's completed Form I-9 for as long as the individual works for the employer. Employers are required to retain the pages of the form on which the employee and employer enter data. If copies of documentation presented by the employee are made, those copies must also be kept with the form. Once the individual's employment ends, the employer must retain this form for either 3 years after the date of hire or 1 year after the date employment ended, whichever is later.

Photocopying Blank and Completed Forms I-9 and Retaining Completed Forms I-9


Employers may photocopy or print blank Forms I-9 for future use. All pages of the instructions and Lists of Acceptable Documents must be available, either in print or electronically, to all employees completing this form. Employers must retain each employee's completed Form I-9 for as long as the individual works for the employer and for a specified period after employment has ended. Employers are required to retain the pages of the form on which the employee and employer entered data. If copies of documentation presented by the employee are made, those copies must also be retained. Once the individual's employment ends, the employer must retain this form and attachments for either 3 years after the date of hire (i.e., first day of work for pay) or 1 year after the date employment ended, whichever is later In the case of recruiters or referrers for a fee (only applicable to those that are agricultural associations, agricultural employers, or farm labor contractors) , the retention period is 3 years after the date of hire (i.e., first day of work for pay).


Forms I-9 obtained from the USCIS website that are not printed and signed manually (by hand) are not considered complete. In the event of an inspection, retaining incomplete forms may make you subject to fines and penalties associated with incomplete forms.


Employers should ensure that information employees provide on Form I-9 is used only for Form I-9 purposes. Completed Forms I-9 and all accompanying documents should be stored in a safe, secure location.


Form I-9 may be generated, signed, and retained electronically, in compliance with Department of Homeland Security regulations at 8 CFR § 274a.2.

USCIS Privacy Act Statement


DISCLOSURE: Submission of the information required in this form is voluntary. However, failure of the employer to ensure proper completion of this form for each employee may result in the imposition of civil or criminal penalties. In addition, employing individuals knowing that they are unauthorized to work in the United States may subject the employer to civil and/or criminal penalties.

DISCLOSURE: Providing the information collected by this form is voluntary. However, an employer should not continue to employ an individual without a completed form. Failure of the employer to prepare, and/or ensure proper completion of this form for each employee hired in the United States after November 6, 1986 or in the Commonwealth of the Mariana Islands after November 27, 2011, may subject the employer to civil and/or criminal penalties. In addition, employing individuals knowing that they are unauthorized to work in the United States may subject the employer to civil and/or criminal penalties.

Paperwork Reduction Act


The public reporting burden for this collection of information is estimated at 23 minutes per response, including the time for reviewing instructions and completing and retaining the form.

The public reporting burden for this collection of information is estimated at 35 minutes per response, when completing the form manually, and 26 minutes per response when using a computer to aid in the completion of the form, including the time for reviewing instructions and completing and retaining the form.


New Tables


Page 8 of Form Instructions: Table for List A Documents and Acceptable Abbreviations


Full name of List A Document

Abbreviations

U.S. Passport

U.S. Passport

U.S. Passport Card

U.S. Passport Card

Permanent Resident Card (Form I-551)

Perm. Resident Card (Form I-551)

Alien Registration Receipt Card (Form I-551)

Alien Reg. Receipt Card (Form I-551)

Foreign passport containing a temporary I-551 stamp

  1. Foreign Passport

  1. Temporary I-551 Stamp

Foreign passport containing a temporary I-551 printed notation on a machine-readable immigrant visa (MRIV)

  1. Foreign Passport

  1. Machine-readable immigrant visa (MRIV)

Employment Authorization Document (Form I-766)

Employment Auth. Document (Form I-766)

For a nonimmigrant alien authorized to work for a specific employer because of his or her status, a foreign passport with Form I-94/I-94A that contains an endorsement of the alien’s nonimmigrant status

  1. Foreign Passport, work-authorized nonimmigrant

  1. I-94/I-94A

  1. Form I-20” or “Form DS-2019”

Note: In limited circumstances, certain J-1 students may be required to present a letter from their Responsible Officer in order to work. Enter the document title, issuing authority, document number and expiration date from this document in the Additional Information field.

Passport from the Federated States of Micronesia (FSM) with Form I-94/I-94A

  1. FSM Passport with I-94

  1. I-94/I-94A

Passport from the Republic of the Marshall Islands (RMI) with Form I-94/I-94A

  1. RMI Passport with I-94

  1. I-94/I-94A

Receipt: The arrival portion of Form I-94/I-94A containing a temporary I-551 stamp and photograph

Receipt: Form I-94/I-94A w/I-551 stamp, photo

Receipt: The departure portion of Form I-94/I-94A with an unexpired refugee admission stamp

Receipt: Form I-94/I-94A w/refugee stamp (or RE class of admission)

Receipt for an application to replace a lost, stolen or damaged Permanent Resident Card (Form I-551)

Receipt replacement Perm. Res. Card (Form I-766)

Receipt for an application to replace a lost, stolen or damaged Employment Authorization Document (Form I-766)

Receipt replacement EAD (Form I-766)

Receipt for an application to replace a lost, stolen or damaged foreign passport with Form I-94/I-94A that contains an endorsement of the alien’s nonimmigrant status

  1. Receipt: Replacement Foreign Passport, work-authorized nonimmigrant

  1. Receipt: Replacement I-94/I-94A

  1. Form I-20 or Form DS-2019, if presented

Receipt for an application to replace a lost, stolen or damaged passport from the Federated States of Micronesia with Form I-94.I-94A

  1. Receipt: Replacement FSM Passport

  1. Receipt: Replacement I-94/I-94A

Receipt for an application to replace a lost, stolen or damaged passport from the Republic of the Marshall Islands with Form I-94/I-94A

  1. Receipt: Replacement RMI Passport with I-94

  1. Receipt: Replacement I-94/I-94A


Page 9-10 of Form Instructions: Table for List B Documents and Acceptable Abbreviations


Full name of List B Document

Abbreviations

Driver’s license issued by a State or outlying possession of the United States

Driver’s license issued by state/territory

ID card issued by a State or outlying possession of the United States

ID card issued by state/territory

ID card issued by federal, state or local government agencies or entities

Government ID

School ID card with photograph

School ID

Voter’s registration card

Voter registration card

U.S. Military card

U.S. Military card

U.S. Military draft record

U.S. Military draft record

Military dependent’s ID card

Military dependent’s ID card

U.S. Coast Guard Merchant Mariner Card

USCG Merchant Mariner card

Native American tribal document

Native American tribal document

Driver’s license issued by a Canadian government authority

Canadian driver’s license

School record (for persons under age 18 who are unable to present a document listed above)

School record (under age 18)

Report card (for persons under age 18 who are unable to present a document listed above)

Report card (under age 18)

Clinic record (for persons under age 18 who are unable to present a document listed above)

Clinic record (under age 18)

Doctor record (for persons under age 18 who are unable to present a document listed above)

Doctor record (under age 18)

Hospital record (for persons under age 18 who are unable to present a document listed above)

Hospital record (under age 18)

Day-care record (for persons under age 18 who are unable to present a document listed above)

Day-care record (under age 18)

Nursery school record (for persons under age 18 who are unable to present a document listed above)

Nursery school record (under age 18)

Individual under age 18 endorsement by parent or guardian


Individual under Age 18

Special placement endorsement for persons with disabilities

Special Placement

Receipt for the application to replace a lost, stolen or damaged Driver’s License issued by a State or outlying possession of the United States

Receipt: Replacement driver’s license

Receipt for the replacement of a lost, stolen or damaged ID card issued by a State or outlying possession of the United States

Receipt: Replacement ID card

Receipt for the application to replace a lost, stolen or damaged ID card issued by federal, state, or local government agencies or entities

Receipt: Replacement Gov’t ID

Receipt for the application to replace a lost, stolen or damaged School ID card with photograph

Receipt: Replacement School ID

Receipt for the application to replace a lost, stolen or damaged Voter’s registration card

Receipt: Replacement Voter reg. card

Receipt for the application to replace a lost, stolen or damaged U.S. Military card

Receipt; Replacement U.S. Military card

Receipt for the application to replace a lost, stolen or damaged Military dependent’s ID card

Receipt: Replacement Military dep. card

Receipt for the application to replace a lost, stolen or damaged U.S. Military draft record

Receipt: Replacement Military draft Record

Receipt for the application to replace a lost, stolen or damaged U.S. Coast Guard Merchant Mariner Card

Receipt: Replacement Merchant Mariner Card

Receipt for the application to replace a lost, stolen or damaged Driver’s license issued by a Canadian government authority

Receipt: Replacement Canadian DL.

Receipt for the application to replace a lost, stolen or damaged Native American tribal document

Receipt: Replacement Native American tribal doc

Receipt for the application to replace a lost, stolen or damaged School record (for persons under age 18 who are unable to present a document listed above)

Receipt: Replacement School record (under age 18)

Receipt for the application to replace a lost, stolen or damaged Report card (for persons under age 18 who are unable to present a document listed above)

Receipt; Replacement Report card (under age 18)

Receipt for the application to replace a lost, stolen or damaged Clinic record (for persons under age 18 who are unable to present a document listed above)

Receipt: Replacement Clinic record (under age 18)

Receipt for the application to replace a lost, stolen or damaged Doctor record (for persons under age 18 who are unable to present a document listed above)

Receipt: Replacement Doctor record (under age 18)

Receipt for the application to replace a lost, stolen or damaged Hospital record (for persons under age 18 who are unable to present a document listed above)

Receipt: Replacement Hospital record (under age 18)

Receipt for the application to replace a lost, stolen or damaged Day-care record (for persons under age 18 who are unable to present a document listed above)

Receipt: Replacement Day-care record (under age 18)

Receipt for the application to replace a lost, stolen or damaged Nursery school record (for persons under age 18 who are unable to present a document listed above)

Receipt: Replacement Nursery school record (under age 18)


Page 11 of Form Instructions: Table for List C Documents and Acceptable Abbreviations


Full name of List C Document

Abbreviations

Social Security Account Number card without restrictions

Social Security Card (Unrestricted)

Certification of Birth Abroad (Form FS-545)

Form FS-545

Certification of Report of Birth (Form DS-1350)

Form DS-1350

Original or certified copy of a U.S. birth certificate bearing an official seal

U.S. Birth certificate

Native American tribal document

Native American tribal document

U.S. Citizen ID Card (Form I-197)

Form I-197

Identification Card for Use of Resident Citizen in the United States (Form I-179)

Form I-179

Employment authorization document issued by DHS (List C#8)

Employment auth. document (DHS)

Receipt for the application to replace of a lost, stolen or damaged Social Security Account Number Card without restrictions

Receipt: Replacement Unrestricted SS Card

Receipt for the application to replace a lost, stolen or damaged Original or certified copy of a U.S. birth certificate bearing an official seal

Receipt: Replacement Birth Certificate

Receipt for the application to replace a lost, stolen or damaged Native American Tribal Document

Receipt: Replacement Native American Tribal Doc.

Receipt for the application to replace a lost, stolen or damaged Employment Authorization Document issued by DHS

Receipt: Replacement Employment Auth. Doc. (DHS)


22


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File TitleTable of Changes
Authorjdimpera
File Modified0000-00-00
File Created2021-01-23

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