I-9 Ins Toc

TABLE OF CHANGES - INSTRUCTIONS AND FORM

Form I-9, Employment Eligibility Verification

Revision date: 08/31/2019

Reason for Revision	Although the Department of Homeland Security has requested that Form I-9 be extended without change, it must update certain administrative elements of the form and make clarifications per public recommendations. DHS is updating the privacy notice on all of its forms as shown below as each goes through a Paperwork Reduction Act action. Since the Forms Center has discontinued its form request telephone line, DHS will provide the alternative means for the public to order paper forms. DHS was made aware of a country changing its name, and so it will add this new country name, as well as keep the original name, to the dropdown lists available when users complete the form on a computer. Certain clarifications were made to the form instructions based on public comments received.
	Current Form I-9 07/17/17 N	Proposed Revision
Instructions	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 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 first day of employment.	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 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 may designate an authorized representative to act on your behalf to complete Section 2. An authorized representative can be any person you designate to complete and sign Form I-9 on your behalf. You are liable for any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on your behalf.
Instructions	Entering Documents the Employee Presents List A - Identity and Employment Authorization: If you enter document information in the List A column, you should not enter document information in the List B or List C columns.	Entering Documents the Employee Presents List A - Identity and Employment Authorization: If you enter document information in the List A column, you should not enter document information or N/A in the List B or List C columns.
Instructions	Entering Documents the Employee Presents List B - Identity: If an employee presents acceptable List B and List C documents, do not ask the employees 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.	Entering Documents the Employee Presents List B - Identity: If an employee presents acceptable List B and List C documents, do not ask the employee to present a List A document. If you enter document information in List B, you should not enter document information or N/A in List A. 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.
Instructions	In the Full Name of List B Document table on page 9, In the box containing ID card issued by federal, state, or local government agencies or entities	In the Full Name of List B Document table on page 9, in the box containing ID card issued by federal, state, or local government agencies or entities, add: (Note: This selection does not include the driver’s license or ID card issued by a State or outlying possession of the United States as described in B1 of the List of Acceptable Documents.)
Instructions	Entering Documents the Employee Presents List C - Employment Authorization: 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.	Entering Documents the Employee Presents List C - Employment Authorization: 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. If you enter document information in List C, you should not enter document information or N/A in List A. If you complete Section 2 using a computer, a selection in List C will fill all the fields in the List A column with N/A.
Instructions	In the Full Name of List C Document table on page 11, in the box containing Employment authorization document issued by DHS (List C #7), add:	In the Full Name of List C Document table on page 11, in the box containing Employment authorization document issued by DHS (List C #7), add: (Note: This selection does not include the Employment Authorization Document (Form I-766) from List A.)
Instructions	What is the Filing Fee? There is no fee for completing Form I-9. This form is not filed with USCIS or any government agency. Form I-9 must be retained by the employer and made available for inspection by U.S. Government officials as specified in the “USCIS Privacy Act Statement” below.	What is the Filing Fee? There is no fee for completing Form I-9. This form is not filed with USCIS or any government agency. Form I-9 must be retained by the employer and made available for inspection by U.S. Government officials as specified in the “DHS Privacy Notice” below.
Instructions	USCIS Forms and Information 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).	USCIS Forms and Information You may order paper forms at https://www.uscis.gov/forms/forms-by-mail or by contacting the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY).
Instructions	USCIS Privacy Act Statement AUTHORITIES: The authority for collecting this information is the Immigration Reform and Control Act of 1986, Public Law 99-603 (8 USC § 1324a). PURPOSE: This information is collected by employers to comply with the requirements of the Immigration Reform and Control Act of 1986. This law requires that employers verify the identity and employment authorization of individuals they hire for employment to preclude the unlawful hiring, or recruiting or referring for a fee, of aliens who are not authorized to work in the United States. 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. ROUTINE USES: This information will be used by employers as a record of their basis for determining eligibility of an employee to work in the United States. The employer must retain this form for the required period and make it available for inspection by authorized officials of the Department of Homeland Security, Department of Labor and the Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section.	DHS Privacy Notice AUTHORITIES: The information requested on this form, and the associated documents, are collected under the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 USC 1324a). PURPOSE: The primary purpose for providing the requested information on this form is for employers to verify your identity and employment authorization. Consistent with the requirements of the Immigration Reform and Control Act of 1986, employers use the Form I-9 to document the verification of the identity and employment authorization for new employees to prevent the unlawful hiring, or recruiting or referring for a fee, of aliens who are not authorized to work in the United States. This form is completed by both the employer and employee, and is ultimately retained by the employer. DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number (if applicable), and any requested evidence, may result in termination of employment. Failure of the employer to ensure proper completion of this form may result in the imposition of civil or criminal penalties against the employer. In addition, knowingly employing individuals who are not unauthorized to work in the United States may subject the employer to civil and/or criminal penalties. ROUTINE USES: This information will be used by employers as a record of their basis for determining eligibility of an individual to work in the United States. The employer must retain this completed form and make it available for inspection by authorized officials of the Department of Homeland Security, Department of Labor, and Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section. DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of national security.
Form Section 1		The country Swaziland changed its name to Eswatini. Add Eswatini to the Country of Issuance dropdown that appears when an employee chooses to enter a foreign passport number in Section 1 when completing Form I-9 on a computer. Swaziland will be retained at this time, in the event that there are still valid Swaziland passports. DHS will review this again in a subsequent PRA action.
Form Section 2		The country Swaziland changed its name to Eswatini. Add Eswatini to the first List A Issuing Authority dropdown that appears when an employer must enter a foreign passport in Section 2 when completing Form I-9 on a computer. Swaziland will be retained at this time, in the event that there are still valid Swaziland passports. DHS will review this again, and reviewed in a subsequent PRA action.

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