I 9instr
I 9instr
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.
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)
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 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.
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.
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 [email protected]. 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).
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.
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.