I Am an Employer

How Do I…
Complete Form I-9, Employment Eligibility
Verification?

M-584 (August 2008)

E3 Customer Guide

U.S. employers are required by law to verify the employment

When should Section 2 of Form I-9 be completed?
authorization of all workers they hire on or after November 6, 1986,
for employment in the United States, regardless of the workers’ Employers must complete and sign Section 2 of Form I-9 within
immigration status. Employers who hire or continue to employ 3 business days of the employee’s first day of employment. If
individuals knowing that they are not authorized to be employed the employment relationship will last less than 3 days, then the
in the United States, or who fail to comply with employment employer must verify work authorization and complete Section 2 no
authorization verification requirements, may face civil and, in later than the first day of employment.
some cases, criminal penalties. Form I-9, Employment Eligibility
Verification, must be completed for each newly hired employee,
including U.S. citizens, permanent residents, and temporary foreign What documents must the employee present?
workers, to demonstrate the employer’s compliance with the law The employee may provide the documents they choose from those
and the employee’s work authorization. Through the Form I-9 listed on the most recent Lists of Acceptable Documents, which
verification process, employers ensure that employees possess can be found on the I-9 form. The employee must present one
proper authorization to work in the United States and that hiring document from List A, or two documents—one from List B and one
practices do not unlawfully discriminate based on immigration from List C:
status.
• List A (documentation establishing both identity and
authorization to work);
Who is responsible for completing the different sections of • List B (documentation establishing only identity);
Form I-9?
• List C (documentation establishing only authorization to work).
The employee must complete Section 1, Employee Information
The employer must physically examine the documentation
and Verification, of Form I-9. The employee must attest that he
establishing identity and employment authorization the employee
or she is a U.S. citizen or national, a lawful permanent resident,
presents.
or is otherwise authorized to work for the employer in the United
States. The employee must present documentation to the employer In certain instances, the employee may use receipts in lieu of
establishing identity and employment authorization based on the original documents in the Form I-9 process. For example, if an
most current Lists of Acceptable Documents on the I-9 form. The individual’s document has been lost, stolen, or damaged, then he
employer is obligated, after physically examining the documents or she can present a receipt for the application for a replacement
presented by the employee, to complete Section 2, Employer Review document. The replacement document must be presented to the
and Verification, and Section 3, Updating and Reverification (if employer within 90 days of hire, or, in the case of reverification, the
applicable), of the I-9 form. date employment authorization expires. For more information on the
receipt rule, see the manual, M-274, Handbook for Employers.
Note: A receipt for an application for an initial or renewal USCIS
When should Section 1 of Form I-9 be completed?
Employment Authorization Document (EAD) filed on a Form I-765,
Each newly hired employee (an employee who has accepted the Application for Employment Authorization, is not acceptable for Form
position) should complete and sign Section 1 no later than the first I-9 verification purposes.
day of employment, regardless of his or her immigration status.

E3—I Am an Employer…How Do I…Complete Form I-9, Employment Eligibility Verification?

M-584 (August 2008) 1
When should Section 3 of Form I-9 be completed? How can I get more information about Form I-9?
Employers should complete Section 3 of Form I-9 when updating The M-274, Handbook for Employers, contains the instructions
and reverifying the employment authorization of an employee whose for completing Form I-9. Both Form I-9 and the handbook can be
previous valid authorization has expired. Section 3 does not apply downloaded from our website at www.uscis.gov. We also have
to employees who are U.S. citizens or permanent residents. (Note, additional information about Form I-9 on our website under “About
however, that the receipt rule applies to temporary evidence of Form I-9 and E-Verify.”
permanent resident status, and will need to be reverified.) Section
3 should only be completed when the employee indicates that he Key Information
or she is an alien authorized to work until a certain date in Section
1 of the I-9 form. For example, when a USCIS EAD is scheduled to Key USCIS forms referenced in this guide Form #
expire, the employer must reverify that the employee has renewed Employment Eligibility Verification I-9
his or her authorization to work. The employee can choose which Application for Employment Authorization I-765
documents to provide from the Lists of Acceptable Documents on
the I-9 form. Handbook for Employers M-274
Except for employees who are U.S. citizens or permanent residents,
USCIS
employers should reconfirm the employment authorization of every
employee who has presented evidence of work authorization that • On the Internet at: www.uscis.gov
contains an expiration date. For more copies of this guide, or information about other
citizenship and immigration services, please visit our website.
You can also download forms, e-file some applications, check the
What if the employee only has temporary work
status of an application, and more. It’s a great place to start!
authorization?
If you don’t have Internet access at home or work, try your local
An employee who has been issued temporary work authorization
library. If you cannot find what you need, please call Customer
must produce proof of continued work authorization no later than
Service.
the expiration date.
• Customer Service: 1-800-375-5283
• Hearing Impaired TDD Customer Service: 1-800-767-1833
Can I tell a potential employee what documents to present
for employment authorization?
Other U.S. Government Services–Click or Call
No, an employer cannot tell an employee which documents
to present for Form I-9 purposes. Employers should direct the General Information www.usagov.gov 1-800-333-4636
employee to the Lists of Acceptable Documents on the Form I-9. New Immigrants www.welcometoUSA.gov
If an employee presents a document that is not on the Lists of U.S. Dept. of State www.state.gov 1-202-647-6575
Acceptable Documents, an employer should ask for additional proof
of identity and/or employment authorization.
Disclaimer: This guide provides basic information to help you become
generally familiar with our rules and procedures. For more information, or
the law and regulations, please visit our website. Immigration law can be
How do I know if a document is genuine or false? complex, and it is impossible to describe every aspect of every process.
An employer is not required to know with absolute certainty whether You may wish to be represented by a licensed attorney or by a nonprofit
a document is genuine or false. The law requires that an employer agency accredited by the Board of Immigration Appeals.
examine the original document (not a photocopy) and make a good-
faith determination that the document:
• Appears to relate to the employee;
• Appears to be genuine; and
• Is included in the Lists of Acceptable Documents on Form I-9.
Please note that rejecting a document that later proves to be
genuine could result in a violation of the anti-discrimination
provisions of immigration law, so employers should guard against
being overzealous in their inspection of documents the employee
presents.

Can photocopies be accepted?

No, employees must present original documents. The only exception
is that a newly hired employee may present a certified copy of a
birth certificate.

How long should I-9 forms be retained?

I-9 forms should be retained for 3 years after the date of hire, or 1
year after the date employment ends—whichever is later.

E3—I Am an Employer…How Do I…Complete Form I-9, Employment Eligibility Verification?

M-584 (August 2008) 2