• A Form I-9 is required by all individuals hired by an employer for proof of identity and authorization to work in the United States.
• The employee and employer both fill out the form.
• The employer section of the form may be filled out by personnel, a lawyer, a public official, a notary public, or anyone designated by the employer.
• Employers must use the most current and up-to-date version of the Form I-9, but they do not need to fill out new forms for existing employees who already have a Form I-9 on file.

Why is a Form I-9 needed?

The Form I-9 has been needed since 1986 to ensure that all individuals hired by an employer are authorized to work in the United States.

The form is required under the Immigration Reform and Control Act (IRCA) of 1986. The act added Section 274A of the Immigration and Nationality Act (INA), which addresses employer responsibilities and sanctions with regard to immigration. These provisions were changed with the passage of the Immigration Act of 1990 and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996.

Under these laws, employers who hire or continue to employ individuals knowing that they are not authorized to work in the United States may face civil and criminal penalties.

When to use Form I-9

Employers must complete the Form I-9 each time any person is hired to perform labor or services in the United States in return for wages or other remuneration. “Remuneration” is anything of value given in exchange for labor or services, including food and lodging.

The employee fills out Section 1 of the form, and the employer fills out Section 2. If a preparer or translator assists the employee in filling out the Form I-9, Supplement A is completed. Supplement B, Reverification and Rehire, is used to verify an employee’s continued employment authorization. It is also used to record a name change, and is used when an employee is rehired within three years of the day they initially completed the form.

An employer may designate an individual to fill out the employer section of the Form I-9. This could be a personnel officer, foreman, agent, or anyone else acting on the employer’s behalf, such as a notary public or a lawyer. It could also be a friend or relative of the employee. The employer remains liable for any violations in connection with the form or the verification process, however.

The form can be completed on paper or on a computer, tablet, or mobile device. It can be downloaded and printed.

Use the current version

One of the first steps for employers in the Form I-9 process is to make sure they are using the most current version of the form.

When a new Form I-9 is issued, employers must begin using it by the date specified by the United States Citizenship and Immigration Services (USCIS).

Currently, employers must use the version of the Form I-9 with a revision date of 08/01/23. The date is on the bottom of the form, on the left side. This version of the form was published by United States Citizenship and Immigration Services on August 1, 2023, and has been required since November 1, 2023.

The release of a new form doesn’t mean employers must create new forms for existing employees who already have I-9s on file. A new form should be used only for newly hired employees. Supplement B is used when employee information needs to be updated or reverified.

Employer Responsibilities

An employer must:

• Make instructions for the Form I-9 and Lists of Acceptable Documents available to the employee.
• Ensure that the employee completes Section 1.
• Complete Section 2.
• Ensure that a preparer and/or translator completes Supplement A, when applicable.
• Complete Supplement B, for rehires and reverification, when applicable.
• Leave a field blank when it does not apply and allow employees to do the same.
• Retain completed forms. The Lists of Acceptable documents and instructions do not need to be retained.