Instructions for Form I-9 - Employment Eligibility Verification - Anti-Discrimination and Completion Guidance

Sep 16, 2026

Instructions for Form I-9 explain how employers and employees must complete the employment eligibility verification process, including identity and work authorization documentation for new hires. The guide defines key terms such as employee, employer, authorized representative, and preparer/translator. It sets timing requirements for completing Section 1 and Section 2, covers language options for employers in Puerto Rico versus other locations, and emphasizes anti-discrimination obligations and proper handling of acceptable documents.

LanguageEnglish

CategoryForms

FormatPDF

Pages8

Reading Time3 min

AccessFree to download

Purpose of Form I-9

Definitions

General Instructions

Employees

Employers

Section 1: Employee Information and Attestation

# Instructions for Form I-9,Employment Eligibility Verification Department of Homeland Security U.S.Citizenship and Immigration Services Anti-Discrimination Notice:Employers must allow all employees to choose which acceptable documentation to presentfor Form I-9.Employers cannot ask employees for documentation to verify information entered in Section 1,or specifywhich 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 theiremployment authorization for Form I-9 or E-Verify.Requesting such proof or any specific document from employeesbased on their citizenship,immigration status,or national origin,may be illegal.Similarly,discriminating againstemployees in hiring,firing,recruitment,or referral for a fee,based on citizenship,immigration status,or national originmay beillegal.Employers should not reject acceptable documentation due to a future expiration date.For moreinformation on how to avoid discrimination or how to report it,contact the Immigrant and Employee Rights Section in theDepartment of Justice's Civil Rights Division at www.justice.gov/ier. ## Purpose of Form I-9 Employers and employees must complete their respective sections of Form I-9.The form is used to document verificationof the identity and employment authorization of each new employee (both U.S.citizen and alien)hired after November 6,1986,to work in the United States.In the Commonwealth of the Northern Mariana Islands(CNMID),employers mustcomplete Form I-9 to document the verification of the identity and employment authorization of each new employee(bothU.S.citizen and alien)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 otherremuneration.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,whoengages the services or labor of an employee to be performed in the United States for wages or other remuneration.Thisincludes recruiters and referrers for a fee who are agricultural associations,agricultural employers,or farm laborcontractors. Authorized Representative:Any person an employer designates to complete and sign Form I-9 on the employer'sbehalf.Employers are liable for any statutory and regulatory violations made in connection with the form or theverification 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 Filing Fee.See Form G-1055,available at www.uscis.gov/forms,for specific information about the fees applicable tothis form. 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) EMPLOYEES Employees must complete and sign Section 1 of Form I-9no later than the first day of employment(i.e.,the date theemployee begins performing labor or services in the United States in return for wages or other remuneration).Employeesmay complete Section 1 before the first day of employment,but cannot complete the form before acceptance of an offerof 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

FAQs

What is the purpose of Form I-9?

Form I-9 documents verification of identity and employment authorization for each new employee hired to work in the United States (and establishes required timing and coverage rules for specific locations).

When must employees complete Section 1 of Form I-9?

Employees must complete and sign Section 1 no later than the first day of employment, and they may complete it before the first day only after an offer is accepted.

When must employers complete Section 2 of Form I-9?

Employers must complete Section 2 within three business days after the employee’s first day of employment, or no later than the first day if the hire is for fewer than three business days.

Sep 16, 2026

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