4.0 Completing Section 2 of Form I-9

4.0 Completing Section 2 of Form I-9

Within three business days of the date employment begins, the employee must present to you an original document or documents that show their identity and employment authorization. For example, if an employee begins employment on Monday, you must review the employee’s documentation and complete Section 2 on or before Thursday of that week. However, if you hire an individual for less than three business days, you must complete Section 2 no later than the first day of employment. The employee must be allowed to choose which document(s) they will present from the Form I-9 Lists of Acceptable Documents. You cannot specify which document(s) an employee will present from the list.

Physically examine each original document the employee presents to determine if the document reasonably appears to be genuine and relates to the person presenting it. Make sure the person who examines the documents is the same person who attests and signs Section 2.

The employee must be physically present with the document examiner. Examine one selection from List A or a combination of one selection from List B and one selection from List C. If an employee presents a List A document, do not ask or require the employee to present List B or List C documents. If an employee presents List B and List C documents, do not ask or require the employee to present a List A document.

You must accept any document(s) from the Lists of Acceptable Documents that reasonably appear on their face to be genuine and relate to the person presenting them. You may not specify which document(s) the employee must present. Enter the document title, issuing authority, number, and expiration date (if any) in Section 2 from original documents supplied by the employee. If you choose to make copies of the documents, do so for all employees, regardless of national origin or citizenship status, or you may be in violation of anti-discrimination laws. Return the original documents to your employee.

Fill in the date employment begins and information in the certification block. Sign and date Form I-9.

Note: If you participate in E-Verify, and the employee presents a combination of List B and List C documents, then the List B document must contain a photograph. For more information, visit uscis.gov/e-verify.

You may designate or contract with someone such as a personnel officer, foreman, agent, or anyone else acting on your behalf, including a notary public, to complete Section 2. Note that anyone else who completes Form I-9 on your behalf must carry out full Form I-9 responsibilities. It is not acceptable for the designated person to physically examine the employee’s employment authorization and identity documents, and leave Section 2 for you to complete. You are liable for any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on your behalf.

Figure 2: Section 2: Employer or Authorized Representative Review and Verification
Screen Capture of  Section 2: Employer or Authorized Representative Review and Verification
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At the top of Section 2, enter the employee’s last name, first name, and middle initial exactly as this information was entered in Section 1. Enter the number that correlates with the citizenship or immigration status box the employee selected in Section 1.

 
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Enter the document title(s), issuing authority, document number, and the expiration date from original documents supplied by the employee. You may use either common abbreviations for the document title or issuing authority, for example, “DL” for driver’s license and “SSA” for Social Security Administration, or the suggestions in the form instructions.

 

The “Additional Information” space is for Form I-9 notes, such as:

  • Notations that describe special circumstances such as employment authorization extensions for F-1 STEM OPT students, CAP-GAP, H-1B and H-2A employees continuing employment with the same employer or changing employers, and TPS, AC-21, 240-day, 180-day, and120-day work authorization extensions, as required
  • Information from additional documents that F-1 or J-1 nonimmigrant employees may present including the Student and Exchange Visitor (SEVIS) number and the program end date from Forms I-20, Certificate of Eligibility for Nonimmigrant Student Status, or DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status, as required
  • Employee termination dates and form retention dates
  • E-Verify case verification number, which may also be entered in the margin or attached as a separate sheet per E-Verify requirements and your chosen business process
  • Discrepancies that E-Verify employers must notate when participating in the IMAGE program
  • Any other comments or notations necessary for the employer’s business process
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Enter the first day of employment for wages or other remuneration (such as date of hire) in the space for “The employee’s first day of employment (mm/dd/yyyy).” Recruiters and referrers for a fee do not enter the employee’s first day of employment.

 

Staffing agencies may choose to use either the date an employee is assigned to their first job or the date the new employee is entered into the assignment pool as the first day of employment.

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Employer or authorized representative attests to physically examining the documents provided by completing the Last Name, First Name, Employer’s Business or Organization Name fields and signing and dating the signature and date fields.

 
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Enter the business’s street address, city or town, state and ZIP Code.

 

Sometimes, you must accept a receipt in lieu of a List A, List B, or a List C document if the employee presents one. New employees who choose to present a receipt(s) must do so within three business days of their first day of employment. Employees who choose to present a receipt for reverification must present it by the date their employment authorization expires. Receipts are not acceptable if employment lasts less than three business days.

Table 1 shown below provides a list of acceptable receipts an employee can present. If an employee presents a receipt for the application to replace a lost, stolen or damaged document, the employee must present the replacement document to you within 90 days from the first day of work for pay, or in the case of reverification, within 90 days from the date the employee’s employment authorization expired. Enter the word “Receipt” followed by the title of the document in Section 2 under the list that relates to the receipt. When completing the form using a computer, scroll down in the appropriate list to select the receipt presented. See Table 1 below for more information.

When your employee presents the original replacement document, cross out the word “Receipt,” then enter the information from the new document into Section 2. Other receipts may be valid for longer or shorter periods. This includes the arrival portion of Form I-94/I-94A, Arrival Departure Record, containing a temporary I-551 stamp and a photograph of the individual. This receipt is valid until the expiration date of the temporary I-551 stamp or one year from the date of admission, if there is no expiration date.

Table 1: Receipts

Receipt

Who may present this receipt?

Is this receipt proof of employment authorization and/ or identity?

How long is this receipt valid?

What must the employee present at the end of the receipt validity period?

A receipt for a replacement of a lost, stolen, or damaged document

All employees

A receipt fulfills the verification requirements of the document for which the receipt was issued (can be List A, List B, or List C).

90 days from date of hire or, for reverification, 90 days from the date employment authorization expires.

The actual document for which the receipt was issued.

The arrival portion of the Form I-94 or I-94A containing a Temporary

I-551 stamp and photograph

Lawful permanent residents

Employment authorization and identity (List A).

Until the expiration date of the Temporary I-551 stamp, or if no expiration date, one year from date of admission.

The actual Form I-551 (Permanent Resident Card, or “Green Card”).

The departure portion of Form I-94 or I-94A with an unexpired refugee admission stamp

Refugees

Employment authorization and identity (List A).

90 days from date of hire or, for reverification, 90 days from the date employment authorization expires.

An unexpired EAD (Form I-766) or a combination of a valid List B document and an unrestricted Social Security card.

 

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