I-9 Compliance

I-9 Form Explained: Section 1 & Section 2

Form I-9 is required by U.S. Citizenship and Immigration Services (USCIS) to verify an employee’s identity and work authorization. Every employer must ensure it’s completed accurately and on time for every new hire.

🔹 Section 1 — Employee Information & Attestation

Who completes it: The employee
Deadline: By Day 1 of employment (or before starting work, but not earlier than job acceptance)

What employees must do:

1. Provide Personal Details
   • Full legal name, address, date of birth
   • Social Security Number (if required by E-Verify)
   • Email & phone (optional but recommended)
2. Indicate Immigration/Work Status (check one):
   • U.S. Citizen
   • Noncitizen National
   • Lawful Permanent Resident (must provide Alien/USCIS number)
   • Authorized to work temporarily (must provide work authorization expiration date)

👉 List of acceptable documents
https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents

3. Sign & Date Attestation
   • The employee certifies that all information provided is accurate.
   • Falsifying information = federal penalties.

Key Risks if Done Wrong:

• Missing or mismatched details → triggers audit red flags
• Wrong immigration status checked → potential non-compliance fines
• Employees must fill it themselves unless special accommodation is documented.

🔹 Section 2 — Employer Review & Verification

Who completes it: The employer or authorized representative
Deadline: Within 3 business days of hire date

What employers must do:

1. Physically Examine Original Documents (or remote if DHS rules allow)
   • Documents must prove both identity and work authorization.
   • Acceptable options:
     • List A (identity + work authorization): e.g., U.S. Passport, Green Card
     • List B (identity only): e.g., driver’s license
     • List C (work authorization only): e.g., Social Security card
   • Employers cannot specify which documents employees must provide — employees choose.
2. Complete Employer Certification
   • Enter document details (title, number, expiration date).
   • Record employee’s start date.
   • Sign and date the form to confirm verification.
3. Maintain I-9 Records
   • Store securely, separate from personnel files.
   • Keep I-9s for 3 years after hire or 1 year after termination — whichever is later.

Key Risks if Done Wrong:

• Missing signatures or wrong documents = automatic fines
• Using expired documents = non-compliance
• Failure to store securely → privacy & audit risks

Supplement B for Rehires

Form I-9 Supplement B: Reverification & Rehires

Employers use Supplement B of Form I-9 for two main purposes:

• Reverification → When an employee’s work authorization or supporting document expires.
• Rehires → When an employee is rehired within three years of their original Form I-9 completion date.

Who Needs Reverification
Not every employee requires reverification. You do NOT need to complete Supplement B for:

• U.S. Citizens
• Noncitizen Nationals
• Lawful Permanent Residents with a valid Green Card (Form I-551)
• Employees who presented List B documents (identity only, e.g., driver’s license)

You must reverify employees who presented temporary work authorization documents (e.g., Employment Authorization Documents / EADs).

When to Complete Supplement B for Reverification

• Check Section 1 (employee-provided expiration date) and Section 2 (document expiration date).
• Use the earlier date to determine when reverification is required.
• Best Practice: Notify employees 90 days before expiration so they can provide updated documents.

How to Complete Supplement B for Reverification

1. Request Updated Documents
   • Employee must present unexpired documents from:
     • List A → Proves identity + work authorization (e.g., passport, EAD)
     • List C → Proves work authorization only (e.g., Social Security card)
   • Receipts for lost or damaged documents are acceptable.
2. Verify New Documents
   • Check authenticity and ensure documents belong to the employee.
   • Allow employees to present alternative eligible documents if needed.
3. Record Document Details
   • Enter the document title, number, and expiration date (if any) in Supplement B.
4. Sign & Date
   • Employer or authorized representative signs and dates Supplement B.

🔹 Rehiring Employees Within Three Years

If you rehire an employee within three years of their original Form I-9 completion date, you have two options:

• Option 1: Complete a new Form I-9
• Option 2: Use Supplement B on the existing I-9

How to Complete Supplement B for Rehires

1. Verify Original I-9
   • Confirm the existing Form I-9 belongs to the employee.
2. Check Work Authorization
   • Review Section 2 and any previous reverifications to ensure the employee’s authorization is still valid.
3. If Authorized:
   • Enter the rehire date in Supplement B and sign.
4. If Reverification Is Needed:
   • Request updated documents from List A or List C.
   • Enter the new document information and rehire date in Supplement B.
5. Use the Latest Form Version
   • If the original I-9 is outdated, use the current USCIS version for Supplement B.

Key Takeaways

• Reverification = Only when work authorization expires.
• Rehires = Required within 3 years of original I-9 if authorization or documents changed.
• Always sign and date Supplement B to stay audit-ready.
• Using VerifiID.ai automates notifications, reverifications, and record-keeping — ensuring you stay compliant.

How VerifiID.ai Simplifies Sections 1 & 2

With VerifiID.ai, we automate and secure the entire I-9 workflow:

• Biometric Verification → Matches employee’s live face scan with ID documents instantly.
• E-Verify Integration → Instantly confirms work authorization.
• Digital Audit Trail → All I-9s stored securely, always audit-ready.
• Alerts & Expiration Tracking → Stay ahead of reverification deadlines.