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The Immigration Reform and Control Act (IRCA) requires, among other things, that an employee's eligibility to work be verified by use of the Employment Eligibility Verification Form I-9. Below are some frequently asked questions about this fundamental legal cornerstone of the employment process.

Questions about the Verification Process | Questions about Documents | Questions about Completing and Retaining the Form I-9 | Questions about Avoiding Discrimination | Questions about Employees Hired Before November 6, 1986 | Questions about Changes to the Form I-9

Questions about the Verification Process

Q. Where can I obtain the Form I-9 and the M-274, Handbook for Employers?

A. Both the Form I-9 and the Employer Handbook are available as downloadable PDFs at www.uscis.gov. Employers with no computer access can order USCIS forms by calling our toll-free number at 1-800-870-3676. Individuals can also get USCIS forms and information on immigration laws, regulations and procedures by calling our National Customer Service Center toll-free at 1-800-375-5283.
Q. Do citizens and nationals of the United States need to prove they are eligible to work?

A. Yes. While citizens and nationals of the United States are automatically eligible for employment, they too must present the required documents and complete a Form I-9. U.S. citizens include persons born in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. U.S. nationals include persons born in American Samoa, including Swains Island.
Q. Do I need to complete a Form I-9 for everyone who applies for a job with my company?

A. No You should not complete Forms I-9 for job applicants. You only need to complete Forms I-9 for people you actually hire. For purposes of this law, a person is "hired" when he or she begins to work for you.
Q. If someone accepts a job with my company but will not start work for a month, can I complete the Form I-9 when the employee accepts the job?

A. Yes. The law requires that you complete the Form I-9 only when the person actually begins working. However, you may complete the form earlier, as long as the person has been offered and has accepted the job. You may not use the I-9 process to screen job applicants.
Q. I understand that I must complete a Form I-9 for anyone I hire to perform labor or services in return for wages for other remuneration. What is "remuneration"?

A. Remuneration is anything of value given in exchange for labor or services rendered by an employee, including food and lodging.
Q. Do I need to fill out Forms I-9 for independent contractors or other employees?

A. No. For example, if you contract with a construction company to perform renovations on your building, you do not have to complete Form I-9 for that company's employees. The construction company is responsible for completing Forms I-9 for its own employees. However, you must not knowingly use contract labor to circumvent the law against hiring unauthorized aliens.
Q. What should I do if the person I hire is unable to provide the required documents within three business days of the date employment begins?

A. If an employee is unable to present the required document or documents within three business days of the date employment begins, the employee must produce an acceptable receipt in lieu of a document listed on the last page of the Form I-9. There are three types of acceptable receipts. See Question 23 below for a description of each receipt and the procedures required to fulfill Form I-9 requirements when an employee presents a receipt.

By having checked an appropriate box in Section 1, the employee must have indicated on or before the time employment began that he or she is already eligible to be employed in the United States.

NOTE: Employees hired for less than three business days must produce the actual document(s) and the Form I-9 must be fully completed at the time employment begins.
Q. Can I fire an employee who fails to produce the required documents within three business days?

A. Yes. You can terminate an employee who fails to produce the required document or documents, or a receipt for a document, within three business days of the date employment begins. However, you must apply these practices uniformly to all employees.
Q. What happens if I properly complete a Form I-9 and DHS discovers that my employee is not actually authorized to work?

A. You cannot be charged with a verification violation. You will also have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien, unless the government can show you had knowledge of the unauthorized status of the employee, if you have done the following:
- Ensured that the employee fully and properly completed Section 1 of the Form I-9 at the time employment began;
- Reviewed the required documents which should have reasonably appeared to have been genuine and to have related to the person presenting them;
- Fully and properly completed Section 2 of the Form I-9, and signed and dated the employer certification;
- Retained the Form I-9 for the required person of time; and
- Made the Form I-9 available upon request to a Dhs, DOL, or OSC officer

Questions about Documents

Q. May I specify which documents I will accept for verification?

A. No. The employee can choose which document(s) he or she wants to present from the lists of acceptable documents. You must accept any document (from List A) or combination of documents (one from List B and one from List C) listed on the Form I-9 and found in the Appendix of this Handbook that reasonably appear on their face to be genuine and to relate to the person presenting them. To do otherwise could be an unfair immigration-related employment practice in violation of the anti-discrimination provision in the INA. Individuals who look and/or sound foreign must not be trated differently in the recruiting, hiring or verification process.

NOTE: An employer participating in the E-Verify Electronic Employment Eligibility Verification Program can only accept a List B document with a photograph.
Q. If an employee writes down an Alien Number or Admission Number when completing Section 1 of the Form I-9, can I ask to see a document with that number?

A. No. Although it is your responsibility as an employer to ensure that your employees fully complete Section 1 at the time employment begins, the employee is not required to present a document to complete this section.

When you complete Section 2, you may not ask to see a document with the employee's Alien Number or Admission Number or otherwise specify which document(s) an employee may present.
Q. What is my responsibility concerning the authenticity of document(s) presented to me?

A. You must examine the document(s) and if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If the document(s) do not reasonably appear on their face to be genuine or to relate to the person presenting them, you must not accept them.
Q. Why are certain documents listed in both List B and List C? If these documents are evidence of both identity and employment eligibility, why aren't they found in List A?

A. Three documents can be found in both List B and List C: the U.S. citizen identification card and the U.S. resident citizen identification card - acceptable as identification cards in List B - and a Native American tribal document. Although these documents are evidence of both identity and employment eligibility, they are not found in List A because List A documents are limited to those designated by Congress in the law. An employee can establish both identity and employment eligibility by presenting one of these documents. You should record the document title, issuing authority, number, and expiration date (if any) for that document in the appropriate spaces for both List B and List C.
Q. An employee has attested to being a U.S. citizen or national on section 1 of the Form I-9, but has presented me with a DHS Form I-551 "green card". Another employee has attested to being a lawful permanent resident alien but has presented a U.S. passport. Should I accept these documents?

A. In these situations, the employer should first ensure that the employee understood and properly completed the section 1 attestation of status. If the employee made a mistake and corrects the attestation, he or she should initial and date the correction, or complete a new Form I-9. If the employee confirms the accuracy of his or her initial attestation, the employer should not accept a "green card" from a U.S. citizen or a U.S. passport from an alien. Although employers are not expected to be immigration law experts, both documents in the question are directly and facially inconsistent with the status attested to and are therefor not documents that reasonably relate to the person presenting them.
Q. May I accept an expired document?

A. Yes, in limited circumstances. An employer may accept an expired U.S. passport. An employer may also accept an expired document from List B to establish identity. Also, as explained in Question 23, an employer may accept an expired EAD from a Temporary Protected Status (TPS) recipient where DHS has granted an automatic extension. However, the document must reasonably appear on its face to be genuine and to relate to the person presenting it. An employer cannot accept any other expired documents.
Q. How can I tell if a DHS-issued document has expired?

A. Some DHS-issued documents, such as older versions of the Alien Registration Receipt Card (Form I-551), do not have expiration dates. However, the 1989 revised version of the Resident Alien Card (Form I-551), which is rose-colored with computer readable data on the back, features a 2-year or 10-year expiration date. Other DHS-issued documents, such as the Employment Authorization Document (Form I-766 or I-688B) also have expiration dates. These dates can be found either on the face of the document or on a sticker attached to the back of the document.
Q. Some employees are presenting me with Social Security cards that have been laminated. May I accept such cards as evidence of employment eligibility?

A. It depends. You may not accept a laminated Social Security card as evidence of employment eligibility if the card states on the back "not valid if laminated." Lamination of such cards renders them invalid. Metal or plastic reproductions of Social Security cards are not acceptable.
Q. Some employees have presented Social Security Administration printouts with their name, Social Security number, date of birth and their parents' names as proof of employment eligibility. May I accept such printouts in place of a Social Security card as evidence of employment eligibility?

A. No. Only a person's official Social Security card is acceptable.
Q. What should I do if an employee presents a Social Security card maked "NOT VALID FOR EMPLOYMENT," but states that he or she is now authorized to work?

A. You should ask the employee to provide another document to establish his or her employment eligibility, since such Social Security cards do not establish this. Such an employee should go to the local SSA office with proof of their lawful employment status to be issued a Social Security card without the "NOT VALID FOR EMPLOYMENT" legend.
Q. May I accept a photocopy of a document presented by an employee?

A. No. Employees must present original documents. The only exception is that an employee may present a certified copy of a birth certificate.
Q. I noticed on the Form I-9 that under List A there are two spaces for document numbers and expiration dates. Does this mean I have to see two List A documents?

A. No. One of the documents found in List A is an unexpired foreign passport with an attached DHS Form I-94, bearing the same name as the passport and containing endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer. The Form I-9 provides space for you to record the document number and expiration date for both the passport and the DHS Form I-94.
Q. When I review an employee's identity and employment eligibility documents, should I make copies of them?

A. The law does not require you to photocopy documents. However, if you wish to make photocopies, you should retain each photocopy with the Form I-9. Photocopies must not be used for any other purpose. Photocopying documents does not relieve you of your obligation to fully complete Section 2 of the Form I-9 nor is it an acceptable substitute for proper completion of the Form I-9 in general.
Q. When can employees present receipts for documents in lieu of actual documents establishing employment eligibility?

A. The "receipt rule" is designed to cover situations in which an employee is employment authorized at the time of the initial hire or reverification, but he or she is not in possession of a document listed on page 4 of the Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization, or for renewal of employment authorization, are not acceptable.

An individual may present a "receipt" in lieu of a document listed on the Form I-9 to complete Section 2 of the Form I-9. The receipt is valid for a temporary period. There are three different documents that qualify as receipts under the rule.

The first type of receipt that an employee may present (described above in the answer to question 7) is a receipt for a replacement document when the document has been lost, stolen, or damaged. The receipt is valid for 90 days, after which the individual must present the replacement document to complete the Form I-9. Note that this rule does not apply to individuals who present receipts for new documents following the expiration of their previously held document.

The second type of receipt that an employee may present is a Form I-94 containing a temporary I-551 stamp and a photograph of the individual, which is considered a receipt for the Form I-551, Permanent Resident Card. The individual must present the Form I-551 by the expiration date of the temporary I-551 stamp, or within one year from the date of issuance of the Form I-94 if the I-551 stamp does not contain an expiration date.

The third type of receipt that and employee may present is a Form I-94 containing an unexpired refugee admission stamp. This is considered a receipt for either an Employment Authorization Document (i.e., Form I-766 or I-688B) or a combination of an unrestricted Social Security card and List B document. The employee must present acceptable documentation to complete the Form I-9 within 90 days after the date of hire or, in the case of reverification, the date employment authorization expires.

DHS regulations provide that if it does not adjudicate an application for employment authorization within 90 days, it will grant an employment authorization document valid for a period not to exceed 240 days. To receive an interim employment authorization document, the individual should contact his or her local USCIS office.

Individuals under the Temporary Protected Status (TPS) Program whose Eads are subject to an automatic extension may continue to work with expired EADs during the automatic extension period specified in the Federal Register Notice announcing the extension.
Q. My employee's DHS-issued employment authorization document expired and the employee now wants to show me a Social Security card. Do I need to see a current DHS document?

A. No. During both initial verification and reverification, an employee must be allowed to choose what documentation to present from the Form I-9 lists of acceptable documents. If an employee presents an unrestricted Social Security card upon reverification, the employee does not also need to present a current DHS document. However, if an employee presents a "restricted" Social Security card upon reverification, the employer must reject the restricted Social Security card, since it is not an acceptable Form I-9 document and ask the employee to choose different documentation from List A or List C of the Form I-9. A restricted Social Security card may state "not valid for employment" or "valid for work only with DHS authorization."
Q. Can DHS double-check the status of an alien I hired, or "run" his or her number (typically an A Number or Social Security Number) and tell me whether it's good?

A. DHS can not double-check a number for an employer, unless the employer participates in E-Verify, which provides employers a way to confirm the employment eligibility of their newly hired employees. For more information about this program, see Part Six. You may also call DHS at 1-888-464-4218 or visit https://www.vis-dhs.com/employerregistration/.

An employer also may contact DHS if he or she has strong and articulable reason to believe documentation may not be valid, in which case ICE may investigate the possible violation of law.
Q. My employee presented me with a document issued by INS rather than DHS. Can I accept it?

A. Effective March 1, 2003, the functions of the former Immigration and Naturalization Service (INS) in the U.S. Department of Justice were transferred to three agencies within the new DHS: USCIS, U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE). Most immigration documents acceptable for Form I-9 use are issued by USCIS. Some documents issued by the former INS before March 1, 2003, such as Permanent Resident Cards, may still be within their period of validity. If otherwise acceptable, a document should not be rejected because it was issued by INS rather than DHS. It should also be noted that INS documents may bear dates of issuance after March 1, 2003, as it took some time in 2003 to modify document forms to reflect the new DHS identity.
Q. What should I do if an employee presents a Form I-20 and says the document authorizes her to work?

A. The Form I-20 is evidence of employment eligibility in two specific situations:
- The employee works on the campus of the school where he or she is an F-1 student for an employer that provides direct student services, or at an off-campus location that is educationally affiliated with the school's established curriculum or related to contractually funded research projects at the post-graduate level where the employment is an integral part of the student's educational program.
- The employee is an F-1 student who has been authorized by the Designated School Official (DSO) to participate in a curricular practical training program that is an integral part of an established curriculum (e.g., alternative work/study, internship, cooperative education, or other required internship offered by sponsoring employers through cooperative agreements with the school). The Form I-20 must be endorsed by the DSO for curricular practical training, and list the employer offering the practical training, and the dates the student will be employed.
In both situations, the Form I-20 must accompany a valid Form I-94 or I-94A indicating F-1 status. When combined with an unexpired foreign passport, the documentation is acceptable for List A of Form I-9.
Q. May I accept Form DS-2019 as proof of employment eligibility?

A. The Form DS-2019 can be used only by a J-1 exchange visitor for employment when such employment is part of his or her program. For J-1 students, the Responsible Officer of the school may authorize employment in writing. The Form DS-2019 must accompany a valid Form I-94 or I-94A. When combined with an unexpired, foreign passport, the documentation is acceptable for List A of Form I-9.

Questions about Completing and Retaining the Form I-9

Q. When do I fill out the Form I-9 if I hire someone for less than three business days?

A. You must complete both Sections 1 and 2 of Form I-9 at the time of the hire. This means the Form I-9 must be fully completed when the person starts to work.
Q. What should I do if I rehire a person who previously filled out a Form I-9?

A. If the employee's Form I-9 is the version dated June 5, 2007 or a subsequent version, you rehire the person with three years of the date that the Form I-9 was originally completed, and the employee is still authorized to work, you may reverify the employee in Section 3 of the original Form I-9.

If you used a version of the Form I-9 dated before June 5, 2007 when you initially verified the employee, you must complete a new Form I-9 upon rehire.
Q. What should I do if I need to update or reverify a Form I-9 for an employee who filled out an earlier version of the form?

A. To update the June 5, 2007, version of the Form I-9, you may line through any outdated information and initial and date any updated information. You may also choose, instead, to complete a new Form I-9.

If you used a version of the Form I-9 dated before June 5, 2007 when you originally verified the employee, the employee must provide any document(s) he or she chooses from the current List of Acceptable Documents, which you must enter in Section 3 of the latest version of the Form I-9.
Q. Do I need to complete a new Form I-9 when one of my employees is promoted within my company or transfers to another company office at a different location?

A. No. You do not need to complete a new Form I-9 for employees who have been promoted or transferred.
Q. What do I do when an employee's work authorization noted in either Section 1 or 2 of the Form I-9 expires?

A. You will need to reverify on the Form I-9 to continue to employ the person. Reverification must occur no later than the date that work authorization expires. The employee must present a document from either List A or List C that shows either an extension of his or her initial employment authorization or new work authorization. You must review this document and, if it reasonably appears on its face to be genuine and to relate to the person presenting it, record the document title, number, and expiration date (if any), in the Updating and Reverification Section (Section 3), and sign in the appropriate space.

If you used a version of the Form I-9 that predates the June 5, 2007, version for the employee's original verification, you must complete Section 3 of the latest Form I-9 upon reverification.

You may want to establish a calendar call-up system for employees whose employment authorization will expire in the future.

NOTE: You should not reverify an expired U.S. passport or an Alien Registration Receipt Card/Permanent Resident Card, Form I-551, or a List B document that has expired.
NOTE: You cannot refuse to accept a document because it has a future expiration date. You must accept any document (from List A or List C) listed on the Form I-9 and in the Appendix of this Handbook that on its face reasonably appears to be genuine and to relate to the person presenting it. To do otherwise could be an unfair immigration-related employment practice in violation of the anti-discrimination provision of the INA.

NOTE: If an employee's Ead expires before the employee receives a new EAD, the employee may take the application receipt to a local USCIS office to receive temporary employment authorization IF it has been more than 90 days since the employee applied for the new EAD.
Q. Can I avoid reverifying an employee on the Form I-9 by not hiring persons whose employment authorization has an expiration date?

A. You cannot refuse to hire persons solely because their employment authorization is temporary. The existence of a future expiration date does not preclude continuous employment authorization for an employee and does not mean that subsequent employment authorization will not be granted. In addition, consideration of a future employment authorization expiration date in determining whether an alien is qualified for a particular job may be an unfair immigration-related employment practice in violation of the anti-discrimination provision of the INA.
Q. As an employer, do I have to fill out all the Forms I-9 myself?

A. No. You may designate someone to fill out Forms I-9 for you, such as a personnel officer, foreman, agent or anyone else acting in your interest. However, you are still liable for any violations of the employer sanctions laws.
Q. Can I contract with someone to complete Forms I-9 for my business?

A. Yes. You can contract with another person or business to verify employees' identities and work eligibility and to complete Forms I-9 for you. However, you are still responsible for the contractor's actions and are liable for any violations of the employer sanctions laws.
Q. As an employer, can I negotiate my responsibility to complete Forms I-9 in a collective bargaining agreement with a union?

A. Yes. However, you are still liable for any violations of the employer sanctions laws. If the agreement is for a multi-employer bargaining unit, certain rules apply. The association must track the employee's hire and termination dates each time the employee is hired or terminated by an employer in the multi-employer association.
Q. What are the requirements for retaining Forms I-9?

A. If you are an employer, you must retain Forms I-9 for three years after the date employment begins or one year after the date the person's employment is terminated, whichever is later. If you are an agricultural association, agricultural employer, or farm labor contractor, you must retain Forms I-9 for three years after the date employment begins for persons you recruit or refer for a fee.
Q. Will I get any advance notice if a DHS or DOL officer wishes to inspect my Forms I-9?

A. Yes. The officer will give you at least three days (72 hours) advance notice before the inspection. If it is more convenient for you, you may waive the 3-day notice. You may also request an extension of time to produce the Forms I-9. The DHS or DOL office will not need to show you a subpoena or a warrant at the time of inspection.

NOTE: This does not preclude DHS or DOL from obtaining warrants based on probable cause for entry onto the premises of suspected violators without advance notice.

Failure to provide Forms I-9s for inspection is a violation of the employer sanctions laws and could result in the imposition of civil money penalties.
Q. How does OSC obtain information necessary to determine whether an employer has committed an unfair immigration-related employment practice under the anti-discrimination provision of the INA?

A. OSC notifies employers in writing about the initiation of all investigations, and requests in writing information and documents. If an employer refuses to cooperate, OSC can obtain subpoenas to compel production of the information requested.
Q. Do I have to complete Forms I-9 for Canadians or Mexicans who entered the United States under the North American Free Trade Agreement (NAFTA)?

A. Yes. You must complete Forms I-9 for all employees. NAFTA entrants must show identity and employment eligibility documents just like all other employees.
Q. If I acquire a business, can I rely on Forms I-9 completed by the previous owner/employer?

A. Yes. However, you also accept full responsibility and liability for all Forms I-9 completed by the previous employer relating to individuals who are continuing in their employment.
Q. If I am a recruiter or referrer for a fee, do I have to fill out Forms I-9 on persons whom I recruit or refer?

A. No, with three exceptions: Agricultural associations, agricultural employers, and farm labor contractors are still required to complete Forms I-9 on all individuals who are recruited or referred for a fee. However, all recruiters and referrers for a fee must still complete Forms I-9 for their own employees hired after November 6, 1986. Also, all recruiters and referrers for a fee are still liable for knowingly recruiting or referring for a fee aliens not authorized to work in the United States and must comply with federal anti-discrimination laws.
Q. Can I complete Section 1 of the Form I-9 for an employee?

A. Yes. You may help an employee who needs assistance in completing Section 1 of the Form I-9. However, you must also complete the "Preperer/Translator Certification" block. The employee must still sign the certification block in Section 1.
Q. If I am a business entity (corporation, partnership, etc.), do I have to fill out Forms I-9 on my employees?

A. Yes, you must complete Forms I-9 for all of your employees, including yourself.
Q. I have heard that some state employment agencies can certify that people they refer are eligible to work. Is that true?

A. Yes. State employment agencies may elect to provide persons they refer with a certification of employment eligibility. If one of these agencies refers potential employees to you with a job order or other potential employees to you with a job order or other appropriate referral form, and the agency sends you a certification within 21 business days of the referral, you do not have to check documents or complete a Form I-9 if you hire that person. However, you must review the certification to ensure that it relates to the person hired and observe the person sign the certification. You must also retain the certification as you would a Form I-9 and make it available for inspection, if requested. You should check with your state employment agency to see if it provides this service and become familiar with its certification document.

Questions about Avoiding Discrimination

Q. How can I avoid discriminating against certain employees while still complying with this law?

A. Employers should:
1. Treat employees equally when recruiting, hiring, and terminating employees, and when verifying employment eligibility and completing the Form I-9.
2. Allow all employees, regardless of national origin or immigration status, to choose which document or combination of documents they want to present from the list of acceptable documents on the back of the Form I-9. For example, an employer may not require an employee to present an employment authorization document issued by DHS if he or she chooses to present a driver's license and unrestricted Social Security card.
Employers should NOT:
1. Set different employment eligibility verification standards or require that different documents be presented by employees because of their national origin or citizenship status. For example, employers cannot demand that non-U.S. citizens present DHS-issued documents like "green cards".
2. Ask to see a document with an employee's Alien or Admission Number when completing Section 1 of the Form I-9.
3. Request to see employment eligibility verification documents before hire or completion of the I-9 Form because someone looks or sounds "foreign", or because someone states that he or she is not a U.S. citizen.
4. Refuse to accept a valid employment eligibility document, or refuse to hire an individual, because the document has a future expiration date.
5. Reverify the employment eligibility of a lawful permanent resident ("LPR") whose "green card" has expired after the LPR is hired.
6. Request that, during reverification, an employee present a new unexpired employment authorization document. For reverification, employees are free to choose any document either from List A or from List C of the I-9 Form, including an unrestricted Social Security card.
7. Limit jobs to U.S. citizens unless U.S. citizenship is required for the specific position by law, regulation, executive order, or federal, state or local government contract.
NOTE: On an individual basis, an employer may legally prefer a U.S. citizen over an equally qualified alien to fill a specific position, but may not adopt a blanket policy of always preferring citizens over non-citizens.
Q. Who is protected from discrimination on the basis of citizenship status or national origin under the anti-discrimination provision of the INA?

A. All U.S. citizens, permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination, except for those lawful permanent residents who have failed to make a timely application for naturalization after they become eligible.

An employer cannot discriminate against any work-authorized individual in hiring, firing, or recruitment because of his or her national origin.

Similarly, work-authorized individuals are protected from document abuse with the purpose or intent of discriminating on the basis of national origin or citizenship status in the case of a protected individual (e.g. discrimination during the Form I-9 process).
Q. Can I be charged with discrimination if I contact DHS about a document presented to me that does not reasonably appear to be genuine and relate to the person presenting it?

A. No. An employer who is presented with documentation that does not reasonably appear to be genuine or to related to the employee cannot accept that documentation. While you are not legally required to inform DHS of such situations, you may do so if you choose. However, DHS is unable to provide employment eligibility verification services to employers other than through its E-Verify program. Employers who treat all employees the same and do not single out employees who look or sound foreign for closer scrutiny cannot be charged with discrimination.
Q. I recently hired someone who checked box three on Section 1 of the Form I-9, indicating that he is an alien. However, he informed me that he does not have an employment authorization expiration date, which appears to be required by the form. What should I do?

A. Refugees and asylees, as well as some other classes of alien such as certain nationals of the Federated States of Micronesia, the Marshall Islands, and Palau, are authorized to work incident to status. Some such aliens may not possess an employment authorization document (I-766 or I-688B) issued by DHS, yet can still establish employment eligibility and identity by presenting other documentation, including a driver's license and an unrestricted Social Security card or Form I-94 indicating their work-authorized status. Such individuals should write "N/A" in Section 1 next to the alien box. The refusal to hire work-authorized aliens because of their immigration status, or because they are unable to provide an expiration date on the Form I-9, may violate the anti-discrimination provision of the INA.
Q. What should I do if I have further questions regarding the INA's anti-discrimination provision and the Form I-9 Verification Process?

A. Employers should call OSC's employer hotline with questions:
1-800-255-8155
1-800-362-2735 (TDD); or
Visit the OSC website,
http://www.usdoj.gov/crt/osc/, for more information.
Q. What if someone believes they have experienced discrimination under the INA's anti-discrimination provision?

A. Call the Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) employee hotline:
1-800-255-7688
1-800-237-2515 (TDD); or
Visit the OSC website,
http://www.usdoj.gov/crt/osc/, for more information and to download a change form.
Q. What if someone believes he or she has experience discrimination under Title VII of the Civil Rights Act of 1964?

A. Call the Equal Employment Opportunity Commission (EEOC):
1-800-USA-EEOC
1-800-669-6820 (TTY); or
Visit EEOC's website at http://www.eeoc.gov.

Questions about Employees Hired Before November 6, 1986

Q. Does this law apply to my employees if I hired them before November 7, 1986?

A. No. You are not required to complete Forms I-9 for employes hired before November 7, 1986.

NOTE: This "grandfather" status does not apply to seasonal employees, or to employees who change employers within a multi-employer association.
Q. What if an employee was hired before November 7, 1986, but has taken an approved leave of absence?

A. You do not need to complete a Form I-9 for that employee if the employee is continuing in his or her employment and has a reasonable expectation of employment at all times. However, if that employee has quit or been terminated, or is an alien who has been removed from the United States, you will need to complete a Form I-9 for that employee.
Q. Will I be subject to employer sanctions penalties if an employee I hired before November 7, 1986, is an illegal alien?

A. No. You will not be subject to employer sanctions penalties for retaining an illegal alien in your workforce if the alien was hired before November 7, 1986. However, the fact that an illegal alien was on your payroll before November 7, 1986, does not give him or her any right to remain in the United States. Unless the alien obtains permission from DHS to remain in the United States, he or she is subject to apprehension and removal.

Questions about Changes to the Form I-9

Q. Why was the Form I-9 updated?

A. In 1997, an interim regulation was published that removed five documents from List A on the List of Acceptable Documents and added one document to List A. Although the law changed in 1997, the Form I-9 itself was never updated to reflect those changes. The 2007 version of the Form I-9, bearing an edition date of June 5, 2007 now reflects existing regulations. Further revisions may be needed, so DHS may release another update to the Form I-9 in the future.
Q. What is the difference between the June 5, 2007 version of the Form I-9 and previous versions?

A. Five documents have been removed from List A acceptable documents:
a) Certificate of U.S. Citizenship (Form N-560 or N-561)
b) Certificate of Naturalization (Form N-550 or N-570)
c) Alien Registration Receipt Card (I-151)
d) Unexpired Reentry Permit (Form I-327)
e) Unexpired Refugee Travel Document (Form I-571)

One document was added to List A acceptable documents:
f) Unexpired Employment Authorization Document (I-766)

All the Employment Authorization Documents with photographs have been consolidated as one item on List A:
g) I-688, I-688A, I-688B, I-766

One document on List A was modified as follows:
- Unexpired foreign passport with an Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status if that status authorizes the alien to work for the employer is incident to that status.
Instructions on Section 1 of the Form I-9 now indicate that the employee is not obliged to provide the Social Security Number in Section 1 of the Form I-9, unless he or she is employed by an employer who participates in the USCIS E-Verify Program.

A section on Photocopying and Retaining the Form I-9 has been added, which gives employers guidance on providing the form to employees, how long the forms must be retained and the regulations for electronic signatures and retention.

The estimated reporting burden under the Paperwork Reduction Act has been changed in keeping with the latest estimates.
Q. Can I accept documents that were on previous editions of the Form I-9 but aren't now?

A. No. Employers may only accept documents listed on the Acceptable Documents list on the June 5, 2007 or any subsequent version of the Form I-9. When reverifying employees, employers should also ensure that they use the most recent version of the form.
Q. Is the Form I-9 available in different languages?

A. The Form I-9 is available in English and Spanish. However, only employers in Puerto Rico may use the Spanish version to meet the verification and retention requirements of the law. Employers in the 50 states may use the Spanish version as a translation guide for Spanish-speaking employees, but the English version must be completed and retained in the employer's records. Employees may also use or ask for a translator/preparer to assist them in completing the form.
Q. Are employers in Puerto Rico required to use the Spanish version of the Form I-9?

A. No. Employers in Puerto Rico may use either the Spanish or the English version of the June 5, 2007 or any subsequent version of the Form I-9 to verify new employees.
Q. May I continue to use earlier versions of the Form I-9?

A. No, employers must use the June 5, 2007 or a subsequent version of the Form I-9. All previous editions of the Form I-9, in English or Spanish, are no longer valid. The 1988 version of the Form I-9 in Spanish expired in 1991, and those employers using it will incur fines and penalties for continued use.