I9-012-INS-Flexibilities-OMBReview-FinalRule-08012023-ENG-WM

Instructions for Form I-9,
Employment Eligibility Verification
Department of Homeland Security
U.S. Citizenship and Immigration Services

USCIS
Form I-9
OMB No. 1615-0047
Expires 08/31/2026

Anti-Discrimination Notice: Employers must allow all employees to choose which acceptable documentation to present
for Form I-9. Employers cannot ask employees for documentation to verify information entered in Section 1, or specify
which acceptable documentation employees must present for Section 2 or Supplement B, Reverification and Rehire.
Employees do NOT need to prove their citizenship, immigration status, or national origin when establishing their
employment authorization for Form I-9 or E-Verify. Requesting such proof or any specific document from employees
based on their citizenship, immigration status, or national origin, may be illegal. Similarly, discriminating against
employees in hiring, firing, recruitment, or referral for a fee, based on citizenship, immigration status, or national origin
may be illegal. Employers should not reject acceptable documentation due to a future expiration date. For more
information on how to avoid discrimination or how to report it, contact the Immigrant and Employee Rights Section in the
Department of Justice's Civil Rights Division at www.justice.gov/ier.

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Purpose of Form I-9

Employers and employees must complete their respective sections of Form I-9. The form is used to document verification
of the identity and employment authorization of each new employee (both U.S. 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 the verification of the identity and employment authorization of each new
employee (both U.S. citizen and noncitizen) hired after November 27, 2011.
Definitions

Employee: 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 individuals who do not receive any form of remuneration (e.g.,
volunteers), independent contractors, or those engaged in certain casual domestic employment.
Employer: A person or entity, including an agent or anyone acting directly or indirectly in the interest thereof, who
engages the services or labor of an employee to be performed in the United States for wages or other remuneration. This
includes recruiters and referrers for a fee who are agricultural associations, agricultural employers, or farm labor
contractors.
Authorized Representative: Any person an employer designates to complete and sign Form I-9 on the employer's
behalf. Employers are liable for any statutory and regulatory violations made in connection with the form or the
verification process, including any violations committed by any individual designated to act on the employer's behalf.
Preparer and/or Translator: Any individual who helps the employee complete or translates Section 1 for the employee.

General Instructions
Form I-9 consists of:
● Section 1: Employee Information and Attestation
● Section 2: Employer Review and Verification
● Lists of Acceptable Documents
● Supplement A, Preparer and/or Translator Certification for Section 1
● Supplement B, Reverification and Rehire (formerly Section 3)

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EMPLOYEES
Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment (i.e., the date the
employee begins performing labor or services in the United States in return for wages or other remuneration). Employees
may complete Section 1 before the first day of employment, but cannot complete the form before acceptance of an offer
of employment.
EMPLOYERS
Employers in the United States, except Puerto Rico, must complete the English-language version of Form I-9. Only
employers located in Puerto Rico may complete the Spanish-language version of Form I-9 instead of the English-language
version. Any employer may use the Spanish-language form and instructions as a translation tool.

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All employers must:

● Make the instructions for Form I-9 and Lists of Acceptable Documents available to the employee when completing
the Form I-9 and when requesting that the employee present documentation to complete Supplement B,
Reverification and Rehire. See page 5 for more information.
● Ensure that the employee completes Section 1.

● Complete Section 2 within three business days after the employee's first day of employment. If you hire an
individual for less than three business days, complete Section 2 no later than the first day of employment.
● Complete Supplement B, Reverification and Rehire when applicable.

● Leave a field blank if it does not apply and allow employees to leave fields blank in Section 1, where appropriate.
● Retain completed forms. You are not required to retain or store the page(s) containing the Lists of Acceptable
Documents or the instructions for Form I-9. Do not mail completed forms to U.S. Citizenship and Immigration
Services (USCIS) or Immigration and Customs Enforcement (ICE).
Additional guidance about how to complete Form I-9 may be found in the Handbook for Employers: Guidance for
Completing Form I-9 (M-274) and on I-9 Central.

Section 1: Employee Information and Attestation

Step 1: Employee completes Section 1 no later than the first day of employment.

● All employees must provide their current legal name, complete address, and date of birth. If other fields do not
apply, leave them blank.
● When completing the name fields, enter your current legal name and any last names you previously used, including
any hyphens or punctuation. If you only have one name, enter it in the Last Name field and then enter “Unknown”
in the First Name field.
● Providing your 9-digit Social Security number in the Social Security number field is voluntary, unless your
employer participates in E-Verify. See page 5 for instructions related to E-Verify. Do not enter an Individual
Taxpayer Identification Number (ITIN) as your Social Security number.
Step 2: Attest to your citizenship or immigration status.
You must select one box to attest to your citizenship or immigration status.
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.
3. 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.
Conditional residents should select this status. Asylees and refugees should NOT select this status; they should
instead select “A noncitizen authorized to work.” If you select “lawful permanent resident,” enter your 7- to 9-digit
USCIS Number (A-Number) in the space provided.
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4. A noncitizen (other than Item Numbers 2. and 3. above) authorized to work: An individual who has
authorization to work but is not a U.S. citizen, noncitizen national, or lawful permanent resident.
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 documentation evidencing your
employment authorization. If your employment authorization documentation has been automatically extended by the
issuing authority, enter the expiration date of the automatic extension in this space.
● Refugees, asylees, and certain citizens of the Federated States of Micronesia, the Republic of the Marshall Islands,
or Palau, and other noncitizens authorized to work whose employment authorization does not have an expiration
date, should enter N/A in the Expiration Date field.

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Employees who select "a noncitizen authorized to work" must enter one of the following to complete Section 1:
(1) USCIS Number/A-Number (7 to 9 digits);

(2) Form I-94 Admission Number (11 digits); or

(3) Foreign Passport Number and the Country of Issuance

Your employer may not ask for documentation to verify the information you entered in Section 1.
Step 3: Sign and enter the date you signed Section 1. Do NOT back-date this field.

Step 4: Preparer and/or translator completes a Preparer and/or Translator Certification, if applicable.
If a preparer and/or translator assists an employee in completing Section 1, that person must complete a Certification area
on Supplement A, Preparer and/or Translator Certification for Section 1, located on Page 3 of Form I-9. There is no limit
to the number of preparers and/or translators an employee may use. Each preparer and/or translator must complete and
sign a separate Certification area. Employers must ensure that they retain any additional pages with the employee's
completed Form I-9. If the employee does not use a preparer or translator, employers are not required to provide or retain
Supplement A.
Step 5: Present Form I-9 Documentation

Within three business days after your first day of employment, you, the employee, must present to your employer original,
acceptable, and unexpired documentation that establishes your identity and employment authorization. For example, if
you begin employment on Monday, you must present documentation on or before the Thursday of that week. However, if
you were hired to work for less than three business days, you must present documentation no later than the first day of
employment.
Choose which documentation to present to your employer from the Lists of Acceptable Documents. An employer cannot
specify which documentation you may present from the Lists of Acceptable Documents. You may present either: 1.) one
selection from List A or 2.) a combination of one selection from List B and one selection from List C. In certain cases, you
may also present an acceptable receipt for List A, B, or C documents. For more information on receipts, refer to the M-274.
● List A documentations show both identity and employment authorization. Some documentation must be presented
together to be considered acceptable List A documentation. If you present acceptable List A documentation, you
should not be asked to present List B and List C documentation.
● List B documentation shows identity only and List C documentation shows employment authorization only. If you
present acceptable List B and List C documentation, you should not be asked to present List A documentation.
Guidance is available in the M-274 if you are under the age of 18 or have a disability (special placement) and
cannot provide List B documentation.
Your employer must physically examine the documentation you present to complete Form I-9, or examine them consistent
with an alternative procedure authorized by the Secretary of DHS. If your documentation reasonably appears to be
genuine and to relate to you, your employer must accept the documentation. If your documentation 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
documentation. Your employer may choose to make copies of your documentation, but must return the original(s) to you.
Your employer may not ask for documentation to verify the information you entered in Section 1.

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Section 2: Employer Review and Verification
Before completing Section 2, you, the employer, should review Section 1. If you find any errors or missing information
in Section 1., the employee must correct the error, and then initial and date the correction.
You may designate an authorized representative to act on your behalf to complete Section 2.
You or your authorized representative must complete Section 2 by physically examining evidence of the employee's
identity and employment authorization within three business days after 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 the Thursday of that week. However, if the individual will work for less than three business days,
Section 2 must be completed no later than the first day of employment.

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Step 1: Enter information from the documentation the employee presents.

You, the employer or authorized representative, must either physically examine, or examine consistent with an alternative
procedure authorized by the Secretary of DHS, the original, acceptable, and unexpired documentation the employee
presents from the Lists of Acceptable Documents to complete the applicable document fields in Section 2. You cannot
specify which documentation an employee may present from these Lists of Acceptable Documents. A document is
acceptable if it reasonably appears to be genuine and to relate to the person presenting it. Photocopies, except for certified
copies of birth certificates, are not acceptable for Form I-9. Employees must present one selection from List A or a
combination of one selection from List B and one selection from List C.
You may use common abbreviations for states, document titles, or issuing authorities, such as: “DL” for driver's license,
and “SSA” for Social Security Administration. Refer to the M-274 for abbreviation suggestions.
List A documentation shows both identity and employment authorization.

● Enter the required information from the List A documentation in the first set of document entry fields in the List A
column. Some List A documentation consists of a combination of documents that must be presented together to be
considered acceptable List A documentation. If the employee presents a combination of documents for List A, use
the second and third sets of document entry fields in the List A column. Use the Additional Information space, as
necessary, for additional documents. When entering document information in this space, ensure you record all
available document information, such as the document title, issuing authority, document number and expiration
date.
● If an employee presents acceptable List A documentation, do not ask the employee to present List B and List C
documentation.
List B documentation shows identity only, and List C documentation shows employment authorization only.
● If an employee presents acceptable List B and List C documentation, enter the required information from the
documentation under each corresponding column and do not ask the employee to present List A documentation.
● If an employee under the age of 18 or with disabilities (special placement) cannot provide List B documentation,
see the M-274 for guidance.
In certain cases, the employee may present an acceptable receipt for List A, B, or C documentation. For more information
on receipts, refer to the Lists of Acceptable Documents and the M-274.
Photocopies
● You may make photocopies of the documentation examined but must return the original documentation to the
employee.
● You must retain any photocopies you make with Form I-9 in case of an inspection by DHS, the Department of
Labor, or the Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section.
Step 2: Enter additional information, if necessary.
Use the Additional Information field to record any additional information required to complete Section 2, or any updates
that are necessary once Section 2 is complete. Initial and date each additional notation. See the M-274 for more
information. Such notations include, but are not limited to:
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● Those required by DHS, such as extensions of employment authorization or a document's expiration date.
● Replacement document information if a receipt was previously presented.
● Additional documentation that may be presented by certain nonimmigrant employees.
You may also enter optional information, such as termination dates, form retention dates, and E-Verify case numbers, if
applicable.
Step 3: Select the box in the Additional Information area if you used an alternate procedure for document
examination authorized by the Secretary of DHS.
You must select this box if you used an alternative procedure authorized by DHS to examine the documents. You may
refer to the M-274 for guidance on implementing alternative procedures for document examination approved by the
Secretary of DHS.

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Step 4: Complete the employer certification.

Employers or their authorized representatives, if applicable, must complete all applicable fields in this area, and sign and
date where indicated.

Reverification and Rehire

To reverify an employee's work authorization or document an employee's rehire, use Supplement B, Reverification and
Rehire (formerly Section 3). Employers need only complete and retain the supplement page when employment
authorization reverification is required. Employers may choose to document a rehire on the supplement as well. Enter the
employee's name at the top of each supplement page you use. In the New Name field, record any change the employee
reports at the time of reverification or rehire. Use a new section of the supplement for each instance of a reverification or
rehire, sign and date that section when completed, and attach it to the employee's completed Form I-9. Use additional
supplement pages as necessary. Use the Additional Information fields if the employee's documentation presented for
reverification requires future updates.
Reverifications

When reverification is required, you must reverify the employee by the earlier of the employment authorization expiration
date stated in Section 1 (if any), or the expiration date of the List A or List C employment authorization documentation
recorded in Section 2. Employers should complete any subsequent reverifications, if required, by the expiration date of
the List A or List C documentation entered during the employee's most recent reverification.
For reverification, employees must present acceptable documentation from either List A or List C showing their
continuing authorization to work in the United States. You must allow employees to choose which acceptable
documentation to present for reverification. Employees are not required to show the same type of document they
presented previously. Enter the documentation information in the appropriate fields provided.
You should not reverify the employment authorization of U.S. citizens and noncitizen nationals, or lawful permanent
residents (including conditional residents) who presented a Permanent Resident Card (Form I-551) or other employment
authorization documentation that is not subject to reverification (such as an unrestricted Social Security card).
Reverification does not apply to List B documentation. Reverification may not apply to certain noncitizens. See the
M-274 for more information about when reverification may not be required.
Rehires
If you rehire an employee within three years from the date the employee's Form I-9 was first completed, you may
complete the supplement and attach it to the employee's previously completed Form I-9. If the employee remains
employment-authorized, as indicated on the previously completed Form I-9, record the date of rehire and any name
changes. If the employee's employment authorization or List A or C documents have expired, you must reverify the
employee as described above.
Alternatively, you may complete a new Form I-9 for rehired employees. You must complete a new Form I-9 for any
employee you rehired more than three years after you originally completed a Form I-9 for that employee.
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Employee and Employer Instructions Related E-Verify
E-Verify uses Form I-9 information to confirm employees' employment eligibility. For more information, go to
www.e-verify.gov or contact us at www.e-verify.gov/contact-us.
For employees of employers who participate in E-Verify:
● You must provide your Social Security number in the Social Security number field in Section 1.
If you have applied for, but have not yet received, your Social Security number, you should leave the field
blank until you receive the number. Update this field once you receive it, and initial and date the notation.
If you can present acceptable identity and employment authorization documentation to complete Form I-9, you
may begin working while waiting to receive your Social Security number.

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● Providing your email address and telephone number in Section 1 will allow you to receive notifications associated
with your E-Verify case.
● If you present a List B document to your employer, it must contain a photograph.
For E-Verify employers:

● Ensure employees enter their Social Security number in Section 1.

● You must only accept List B documentation that contains a photograph. This applies to individuals under the age
of 18 and individuals with disabilities.
● You must retain photocopies of certain documentation.

What is the Filing Fee?

There is no fee for completing Form I-9. This form is not filed with USCIS or any other 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.

USCIS Forms and Information

Employers may photocopy or print blank Forms I-9. To ensure you are using the latest version of this form and
corresponding instructions, visit the USCIS website at www.uscis.gov/i-9. You may order paper forms at www.uscis.gov/
forms/forms-by-mail or by contacting the USCIS Contact Center at 1-800-375-5283 or 1-800-767-1833 (TTY).
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' Form I-9 website at www.uscis.gov/i-9-central.
You can obtain information about Form I-9 by e-mailing USCIS at I-9Central@uscis.dhs.gov. Employers may call
1-888-464-4218 or 1-877-875-6028 (TTY). Employees may call the USCIS employee hotline at 1-888-897-7781 or
1-877-875-6028 (TTY).

Retaining Completed Forms I-9
An employer must retain Form I-9, including any supplement pages, on which the employee and employer (or authorized
representative) entered data, as well as any photocopies made of the documentation the employee presented, for as long as
the employee works for the employer. When employment ends, the employer must retain the individual's Form I-9 and all
attachments for one year from the date employment ends, or three years after the first day of employment, 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 three years after the first day of employment.
Completed Forms I-9 and all accompanying documents should be stored in a safe and secure location. Employers should
ensure that the information employees provide on Form I-9 is used only as stated in the DHS Privacy Notice below.

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Form I-9 may be generated, signed, and retained electronically, in compliance with Department of Homeland Security
regulations at 8 CFR section 274a.2. Employers creating, modifying, or storing Form I-9 electronically are encouraged to
review these and any other relevant standards for electronic signature, and the indexing, security, and documentation of
electronic Form I-9 data.

Penalties
Employers may be subject to penalties if Form I-9 is not properly completed or for employment discrimination occurring
during the employment eligibility verification process. See 8 U.S.C. section 1324a and section 1324b, 8 CFR section
274a.10 and 28 CFR Part 44. Individuals may also be prosecuted for knowingly and willfully entering false information,
or for presenting fraudulent documentation, to complete Form I-9.

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Employees: By signing Section 1 of this form, employees attest under penalty of perjury (28 U.S.C. section 1746) that the
information they provided, along with the citizenship or immigration status they select, and all information and
documentation they provide to their employer, is true and correct, and they are aware that they may face 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
or removal proceedings, and may adversely affect an employee's ability to seek future immigration benefits.
Employers: By signing Sections 2 and 3, as applicable, employers attest under penalty of perjury (28 U.S.C. section 1746)
that they have physically examined the documentation presented by the employee, that the documentation reasonably appears
to be genuine and to relate to the employee named, that to the best of their knowledge the employee is authorized to work in
the United States, that the information they enter in Section 2 is complete, true, and correct to the best of their knowledge,
and that they are aware that they may face civil or criminal 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 Form I-9.

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 U.S.C. 1324a).
PURPOSE: The primary purpose for providing the requested information on this form is for employers to verify the
identity and employment authorization of their employees. 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 individuals who are
not authorized to work in the United States. This form is completed by both the employer and the employee and is
ultimately retained by the employer.
DISCLOSURE: The information employees provide is voluntary. However, failure to provide the requested information,
and acceptable documentation evidencing identity and authorization to work in the United States, 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 authorized 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.

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Paperwork Reduction Act
An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number. The public reporting burden for this collection of
information is estimated at 34 minutes per response, when completing the form manually, and 25 minutes per response
when using a computer to aid in completion of the form, including the time for reviewing instructions and completing and
retaining the form. Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Office of Policy and
Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop Number 2140, Camp Springs, MD
20588-0009; OMB No. 1615-0047. Do not mail your completed Form I-9 to this address.

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