Form I-9 is used by US employers to verify the identity and employment authorization of new hires. It must be completed within 3 business days of hire. The form has 3 sections - Section 1 collects employee information, Section 2 verifies documents, and Section 3 is for reverification or rehires. Failure to properly complete Form I-9 can result in civil or criminal penalties for employers. Recent news articles discuss the form's continued use during the COVID-19 pandemic.

1. Form I-9

2. • Form I-9 is used for verifying the identity and employment authorization of
individuals hired for employment in the United States
• ALL US Employers must ensure completion of Form I-9 for each person the hire
• Federal law requires that every employer who recruits, refers for a fee, or hires an
individual for employment in the U.S. must complete Form I-9, Employment
Eligibility Verification
What is an I-9 Form?

3. • Completed by employees
• This Section includes
• The employee’s full legal name
• Other names used
• Maiden name
• Current address
• Date of Birth
• Check mark next to the appropriate box to indicate whether they are a U.S. citizen or noncitizen national,
lawful permanent resident of the U.S., or an alien authorized to work in the U.S.
• Alien Number/USCIS Number, Form I-94 admission number, or foreign passport number (including country of
issuance), and the date employment authorization expires (if applicable)
• Signature and the date
• Additionally, employees may fill out
• Social Security Number
• Email
• Phone Number
Section 1: Employee Information and
Attestation

4. Employer Responsibilities for Section 1
• Review the information your employee provided in Section 1
• Ensure that your employee provided information in all required fields
• Ensure your employee signed and dated the form
• Ensure the Preparer/Translator section has been completed, signed, and dated if
your employee used a preparer/translator

5. Section 2: Employer or Authorized
Representative Review and Verification
• Employers must complete and sign Section 2 within 3 business days of the date of hire of their employee
• For example, you hire someone Monday you MUST complete Section 2 by Thursday
• Employer’s Responsibilities
• Enter the employee’s last name, first name, middle initial and select the correct citizenship/immigration number in the “Employee
Info from Section 1” area at the top of Section 2.
• Ensure that any document your employee presents is original
• Physically examine each document to determine if it reasonably appears to be genuine and to relate to your employee presenting
it
• Enter the document title, issuing authority, number(s) and expiration date (if any) from the original document(s) your employee
presented.
• Enter the date your employee began or will begin work for pay.
• Enter the first and last name, signature and title of the person completing Section 2, as well as the date he or she completed
Section 2.
• Enter the employer’s business name and address
• If your company has multiple locations, use the most appropriate address that identifies the location of the employer with
respect to the employee and his or her Form I-9 completion (for example, the address where Form I-9 is completed).
• Return the documentation presented back to your employee.

6. • Employees must provide either
• One document from List A
• US Passport or Passport Card
• Permanent Resident Card
• Alien Registration Receipt Card
• Employment Authorization Document Card
• One Document from List B in combination with List C
• Driver’s License and Social Security Card and/or Birth Certificate
Employees Responsibilities for Section 2

7. Section 3: Reverification and Rehires
• This is completed by employers for employees who are rehired or whose employment
authorization requires reverification
• Employers MUST complete Section 3 when
• Your employee’s employment authorization or documentation of employment
authorization has expired ("reverification")
• Employers MAY complete Section 3 when
• Your employee is rehired within 3 years of the date that Form I-9 was originally
completed
• Your employee has a legal name change

8. Section 3: Reverification
• When your employee’s employment authorization or, in most cases,
employment authorization documentation expires, you must reverify to ensure
your employee is still authorized to work
• To complete Section 3 for reverification
• Examine the unexpired documents to determine if they appear to be
genuine and to relate to your employee
• Record the document title, document number and expiration date, if any
• Sign and date Section 3

9. Section 3: Rehires
• If you rehire your employee within 3 years of the date that a previous Form I-9 was completed, you may either
complete a new Form I-9 for your employee or complete Section 3 of the previously completed Form I-9
• To complete Section 3 for rehires
• Confirm that the original Form I-9 relates to your employee
• Review the original Form I-9 to determine if your employee is still authorized to work, including whether
employment authorization documentation presented in Section 2 has since expired
• If your employee is still authorized to work and his or her employment authorization documentation is
still valid, enter the date of the rehire in the space provided in Section 3
• If your employee is no longer authorized to work or the employment authorization documentation has
since expired and requires reverification, request that the employee present an unexpired List A or List C
document. Do not reverify an employee’s List B (identity) document. Enter the document information
and the date of rehire in the spaces provided in Section 3
• If the current version of Form I-9 is different from the previously completed Form I-9, you must
complete Section 3 on the current version
• Sign and date Section 3

10. • https://www.lexology.com/library/detail.aspx?g=df1f5bf1-e735-4c34-9a63-
fdc793076116
• https://www.jdsupra.com/legalnews/immigration-alert-uscis-says-continue-
64554/
Form I-9 in Recent News