Page 6 - Handbook for Employers - Guidance for Completing Form I-9

Part Two

Completing Form I-9

You must complete Form I-9 each time you hire any per- NOTE: You cannot hire an individual who you know is
son to perform labor or services in the United States in not authorized to work in the United States.
return for wages or other remuneration. Remuneration is
anything of value given in exchange for labor or services, Completing Section 1
including food and lodging. The requirement to complete
Form I-9 applies to new employees hired after Nov. 6, Have the employee complete Section 1 at the time of hire
1986. This requirement does not apply to employees (by the first day of their employment for pay) by filling
hired on or before Nov. 6, 1986, who are continuing in in the correct information and signing and dating the
their employment and have a reasonable expectation of form. If the employee enters the information by hand,
employment at all times. ensure that the employee prints the information clearly.

Ensure that the employee completes Section 1 of Form A preparer and/or translator may help an employee
I-9 at the time of hire. “Hire” means the beginning of complete Form I-9. The preparer and/or translator must
employment in exchange for wages or other remuneration. read the form to the employee, assist them in completing
The time of hire is noted on the form as the first day of Section 1, and have the employee sign or mark the
employment. Employees may complete Section 1 before form where appropriate. The preparer and/or translator
the time of hire, but no earlier than acceptance of the must then complete the Preparer and/or Translator
job offer. Review the employee’s document(s) and fully Certification block. If the employee used multiple
complete Section 2 within three business days of the hire. preparers or translator, each subsequent preparer and/or
For example, if the employee begins employment on translator must complete a separate Preparer/Translator
Monday, you must complete Section 2 by Thursday. Certification block on a Form I-9 Supplement and attach
the Supplement to the employee’s form.
If you hire a person for fewer than three business days,
Sections 1 and 2 must be fully completed at the time of You are responsible for reviewing and ensuring that your
hire – in other words, by the first day employment for employee fully and properly completes Section 1.
pay.
NOTE: Employees may voluntarily provide their Social
Do not complete a Form I-9 for employees who are: Security numbers on Form I-9 unless you participate
in the E-Verify program. Employees must provide
1. Hired on or before Nov. 6, 1986, (or on or E-Verify employers with their Social Security numbers.
before Nov. 27, 2007 if employment is in the Employees who can satisfy Form I-9 requirements may
Commonwealth of the Northern Mariana Islands work while awaiting their Social Security numbers.
(CNMI)) who are continuing in their employment
and have a reasonable expectation of employment at all You may not ask employees to provide you a specific
times; document with their Social Security number on it.
To do so may constitute unlawful discrimination. For
2. Employed for casual domestic work in a private home more information on E-Verify, see Part Six. For more
on a sporadic, irregular or intermittent basis; information on unlawful discrimination, see Part Four.
Providing an e-mail address or telephone number in
3. Independent contractors; Section 1 is voluntary.

4. Employed by a contractor providing contract services
(such as employee leasing or temporary agencies) and
are providing labor to you; or

5. Not physically working on U .S. soil.

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