How To Fill Out an I-9 Form Correctly

The Immigration Reform and Control Act of 1986 made it illegal for employers to knowingly hire people not legally authorized to work in the U.S. The law requires employers to have new hires complete an I-9 on their first day of work and provide acceptable documentation of their status. Employers are responsible for completing other sections of the form.

It is critical for you to know how to fill out an I-9 form correctly to ensure compliance with the law. The business immigration attorneys at Monty & Ramirez LLP could help establish protocols that assure your I-9s are complete and correct.

The Employee Completes Section 1

New employees must complete the I-9 on their first day of work. You must ensure that you provide the correct form, which you can find on the U.S. Citizenship and Immigration Services (USCIS) website. Employees can use a translator or preparer to complete the form, but the person assisting them must complete Supplement A of the I-9.

One common problem is a failure to complete all fields. Workers may omit their complete address, date of birth, other names used, or attestation signature. Some workers do not indicate their immigration status, and non-citizens might not include their USCIS number or I-94 admission number.

You should always review the form with the employee before accepting it. If there are omissions or if any of the information is unclear, the employee must correct the problem before starting work. If you have reason to suspect any of the information the worker provided on the I-9 might be untrue or inaccurate, contact an immigration attorney immediately for advice on how to respond.

The Employer Completes Section 2

Accurately completing Section 2 of the I-9 is the employer’s responsibility. It requires you to note the details of the worker’s documents that confirm their authorization to work and sign an attestation.

Documents listed in Column A confirm both the employee’s identity and their authorization to work in the U.S. If the worker does not have a Column A document, they must produce a combination of documents from Columns B and C that together confirm their identity and status. You must note the type of document(s) they showed you and record the issuing authority, document number, date of issue, and expiration date, if any, on the I-9.

When the worker provides the documentation, you should consider whether it appears to be genuine and issued to the worker. If you have doubts, contact a business immigration lawyer at Monty & Ramirez immediately so we can assess the situation and advise you on how best to proceed. Do not confront the worker.

When Must You Address Supplement B?

Supplement B is the part of the form you use when a worker leaves your employ and you rehire them, or when their work authorization has an expiration date. If you rehire a worker within three years of their original start date, you can use Supplement B to update their information.

You must complete Supplement B when an employee’s work authorization is temporary. An attorney at Monty & Ramirez can help your company implement an I-9 compliance monitoring system to track expiring work authorizations and ensure the worker presents proof of an extension before the expiration date. You must note the specifics of the documents on Supplement B and then sign and date the form.

Work With a Business Immigration Attorney To Ensure I-9s Are Completed Correctly

The first step in I-9 compliance is knowing how to fill out an I-9 form correctly. At Monty & Ramirez LLP, we could help you train your staff to recognize errors. Contact us today for a consultation.