All U.S. Employers must have a Form I-9 on file for all current employees. The only exception to this is if the employee was hired on or before November 6, 1986. The current form employers should use is the Form I-9 with a revision date of July 17, 2017, for all newly hired employees and reverifications. This form should continue to be used until DHS announces that the Office of Management and Budget has approved a new form for public use.
Digital Form I-9
Employees can fill out a paper Form I-9 or an electronic version. If they are using an electronic “fillable” form on the computer, it must be printed and signed in pen or pencil. You cannot accept a digital signature.
Exceptions to filling out a Form I-9 include contract workers, employees working outside of the United States and domestic service employees working in a private household with sporadic, irregular, or intermittent work.
The Form I-9 must be filled out no later than the first day of employment. The employer must review it no later than three business days after the employee begins his/her first day of work. The employer must thoroughly examine the filled document to ensure everything is completed.
Lists of Acceptable Documents
You must make the Lists of Acceptable Documents available to your employee when he or she is completing the I-9: They need to provide one document from List A or one document from List B AND one document from List C. The employer must examine the original documents in the presence of the employee. Documents cannot be expired. If an employee is in the process of replacing a document you may be able to accept a receipt. There are only three types of acceptable receipts:
• A receipt showing that your employee has applied to replace a document that was lost, stolen, or damaged.
• The arrival portion of Form I-94/I-94A with a temporary I-551 stamp and a photograph of the individual.
• The departure portion of the Form I-94/I-94A with a refugee admission stamp or computer-generated printout of Form I-94 with admission code “RE”.
Reverification & Rehires
You MUST re-verify an employee using section 3 if his or her temporary employment authorization has expired. You may also complete Section 3 if you rehire the employee within 3 years of the date of initial execution of the Form I-9 or are updating the biographic information of an employee.
If you discover a mistake on Form I-9, correct the existing form OR prepare a new Form I-9. If you choose to correct the existing Form I-9, cross out the incorrect portions, enter the correct information, and initial and date beside the correction.
Find more information at www.uscis.gov/I-9Central.