Guidelines for Completing Form I-9 for On-Site and Remote Workers

All employers must ensure that a Form I-9 (I-9) is timely and properly completed for each employee hired after November 6, 1986. The process can seem complicated, especially when an employer has employees who work remotely. To help, here are some guidelines for completing the I-9 for both on-site workers and remote workers.

What is the purpose of the I-9 & what does it include?

The I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All employers must ensure proper completion of the I-9 form for each new hire.

Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to their employment authorization.

The employee must also present acceptable documents demonstrating their identity and employment authorization. A list of acceptable documents can be found on the last page of the form.

The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and relate to the employee. Then, the employer representative must record the document information on the form and complete an attestation indicating that they have examined the documentation, the documentation appears to be genuine and that to the best of the employer representative’s knowledge, the employee is authorized to work.

The Form I-9 is broken into multiple sections.

Section 1

This section of the form must be completed by the end of the employee's first day of work for pay.

Section 2

This section of the form must be completed within 3 business days of the employee's start date. However, for new employees who will work fewer than three business days, Section 1 and Section 2 must be fully completed by the employee's first day of work for pay.

To complete Section 2, the employee must present certain identity and employment authorization documents.

Unless you are using the “alternative procedure” (see alternative procedure below) you may only accept original documents from the list of acceptable documents found on the last page of the form (see Form I-9: Acceptable Documents) and the employee must be physically present during the examination of the documents. The documents presented by the employee, regardless of whether you are using the alternative procedure, must be unexpired.

Supplement B (formerly Section 3)

This part of the form is reserved for reverification, rehires, and name changes. Employers must complete Supplement B when an employee's work authorization document expires. Employers may complete Supplement B when an employee is rehired within 3 years of the date that the I-9 was originally completed or employers may complete a new I-9.

Employers must also record any legal name changes in conjunction with a reverification, and the federal government also recommends recording legal name changes that occur even outside of reverification.

Get more information on completing Supplement B on the U.S. Citizenship and Immigration Services (USCIS) website.

Acceptable documents

To complete Section 2 of the I-9, the employee must present either: one document (or combination document) from List A; or one document from List B and one document from List C.

List A documents

List A documents establish both identity and employment authorization. Therefore, if an employee presents a valid document from List A, you may not ask for any further documentation for I-9 purposes.

Visit the USCIS website to see all of the documents that fall under List A.

List B documents

List B documents establish identity only. If an employee presents a List B document, they must also present one document from List C.

Visit the USCIS website to see all of the documents that fall under List B.

List C documents

List C documents establish employment authorization only. If an employee presents a List C document, they must also present one document from List B.

Visit the USCIS website to see all of the documents that fall under List C.

Receipts of acceptable I-9 documentation

In certain circumstances, employers must accept a receipt in lieu of a List A, List B, or a List C document if one is presented by an employee. Receipts are only valid for a short period of time and only in a few circumstances.

Learn more about acceptable receipts on the USCIS website.

Retaining copies of I-9 documentation

In general, there is no federal requirement for employers to make copies of the Section 2 documentation provided by an employee. However, if the employer chooses to copy or scan documents an employee presents when completing the I-9, the employer must retain the copies (or electronic images) with their I-9 or their employee record.

Employers participating in E-Verify are required to retain a copy of certain documents if the employee chooses to present them. These documents include the U.S. Passport, passport card, Permanent Resident Card (also called a Green Card), or Employment Authorization Document (EAD).

If you are an E-Verify employer who chooses to copy documentation other than those you are required to copy for E-Verify, you should apply this policy consistently with respect to I-9 completion for all employees.

If you are an E-Verify participant and choose to use an alternative procedure to remotely examine your employee’s I-9 documentation (see below), you must retain clear and eligible copies of all documents you examine with the employee’s I-9.

For more  information on retaining copies of I-9 documents, visit the USCIS website.

Remote employees

Typically, for the I-9, employers must examine an employee's original documentation (not copies) in the employee's physical presence.

However, if an employer is unable to physically meet with the worker to review I-9 documents, federal law allows employers to use an authorized representative to fulfill this function on the employer's behalf. Under this method, the authorized representative will view the original documents in the employee's presence.

The authorized representative is commonly an attorney or notary public. Under federal rules, an authorized representative can technically be any person the employer designates to complete and sign the I-9 on its behalf.

However, state law may restrict who can complete the I-9 on the employer's behalf. For example, California limits such services to licensed attorneys, individuals authorized under federal law to provide immigration services, and individuals qualified and bonded as an immigration consultant under state law.

Keep in mind that the employer is ultimately responsible for any I-9 violations. Therefore, if you, as the employer, designate a representative, then you should ensure that they have experience in completing the I-9 and you should review the I-9 completed by the designated representative to confirm it is error-free.

For more information,  review this area on the USCIS website.

Alternative procedure

As of August 1, 2023, employers may follow an alternative procedure to the in-person physical document examination method, provided they meet specific requirements. To qualify, employers must be enrolled in E-Verify and be considered in good standing.

For details on the alternative procedure, including steps, visit the USCIS website.

Retaining I-9s

Employers are required to retain completed I-9s for at least three years following the employee's date of hire or for one year following separation from the company, whichever is later.

The USCIS website has more information on retaining I-9s.

Employers don’t file the Form I-9 with any agency. However, the form must be made available for inspection by authorized U.S. Government officials from the Department of Homeland Security (DHS), Department of Labor, or Department of Justice. For this reason, it is a best practice to retain all I-9s together in one file.

Electronic completion and retention

Employers are permitted to complete and store I-9s electronically. Visit the USCIS website for more information on the storage of Form I-9.

Conclusion

Employers must ensure they timely complete and retain a valid I-9 for each new hire, regardless of whether the employee works on-site or remotely. Review your hiring and onboarding procedures on a regular basis to help ensure compliance with the law.

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