Form I-9: What Every New Employee and Employer Need to Know
Updated: Sep 6
Starting a new job often comes with a stack of forms to complete, and one of the most important is Form I-9, Employment Eligibility Verification.
Whether you're a new employee starting a position, an employer onboarding a remote worker, or an HR professional coordinating hires across multiple locations, understanding the Form I-9 process can help prevent delays and compliance issues.
But what exactly is Form I-9? What identification documents can an employee present? When does it need to be completed? And what happens when the employer and employee aren't in the same location?
Here's what you need to know.
What Is Form I-9?
Form I-9, Employment Eligibility Verification, is used by employers to verify the identity and employment authorization of individuals hired to work in the United States.
Federal law requires employers to complete and retain Form I-9 for each person they hire for employment in the United States, including U.S. citizens and noncitizens.
For official information, instructions, and the most current version of the form, visit USCIS I-9 Central.
Important: Form I-9 is not an immigration application. It is an employment eligibility
verification form completed by the employee and employer, or the employer's authorized representative.
Who Needs to Complete Form I-9?
Generally, employers must complete Form I-9 for each employee hired to perform labor or services in the United States in exchange for wages or other remuneration.
That includes:
U.S. citizens
Noncitizen nationals
Lawful permanent residents
Noncitizens authorized to work in the United States
A common misconception is that Form I-9 is only for immigrants or non-U.S. citizens. It isn't. The requirement applies to newly hired employees regardless of citizenship or immigration status.
Independent contractors and individuals who do not receive remuneration, such as volunteers, generally are not considered "employees" for Form I-9 purposes.
Who Completes Each Part of Form I-9?
Form I-9 is divided into sections with responsibilities for both the employee and employer.
Section 1: Employee Information and Attestation
The employee completes and signs Section 1.
Section 1 must be completed no later than the employee's first day of employment, meaning the first day the employee begins performing labor or services in exchange for wages or other remuneration.
An employee may complete Section 1 before the first day of work, but not before accepting an offer of employment.
Section 2: Employer Review and Verification
The employer or the employer's authorized representative completes Section 2 after examining the documentation presented by the employee.
Generally, Section 2 must be completed within three business days after the employee's first day of employment.
If the employee is hired for fewer than three business days, Section 2 must be completed no later than the first day of employment.
For detailed instructions, visit the official USCIS Form I-9 page.
What Documents Can an Employee Use for Form I-9?
Employees must present documentation establishing their identity and authorization to work in the United States.
The acceptable documents are divided into three categories:
List A: Documents that establish both identity and employment authorization.
List B: Documents that establish identity only.
List C: Documents that establish employment authorization only.
An employee may present either:
ONE document from List A
OR
ONE document from List B AND ONE document from List C
The complete and current list can be found on the USCIS Lists of Acceptable Documents page.
Did You Know?
The employee chooses which acceptable documents to present.
An employer should not tell an employee, for example, "Bring your driver's license and Social Security card."
If an employee presents acceptable documentation that satisfies Form I-9 requirements, the employer generally cannot demand different or additional documentation based on the employee's citizenship, immigration status, or national origin.
This is an important part of the federal anti-discrimination protections associated with employment eligibility verification.
Do Form I-9 Documents Have to Be Examined in Person?
For employers using the standard Form I-9 document examination procedure, the employee's documentation must be physically examined.
However, DHS also permits certain employers who participate in E-Verify and meet specific requirements to use an authorized alternative procedure for remotely examining Form I-9 documents.
That means Form I-9 should no longer be described simply as an "in-person only" process.
Employers should determine which verification procedure applies to their organization and follow the current USCIS requirements.
Employers can learn more through USCIS I-9 Central and E-Verify.
What If the Employee Works Remotely?
This is where an Authorized Representative can be especially helpful.
Employers don't necessarily need to send an HR representative across the country just to complete Section 2.
USCIS permits an employer to designate an individual to act as its authorized representative for Form I-9 purposes. This can include a notary public.
The authorized representative examines the employee's acceptable documents and completes and signs Section 2 on behalf of the employer in accordance with the employer's instructions and applicable Form I-9 requirements.
The employer remains responsible for Form I-9 compliance, including violations committed by a person it designates to act on its behalf.
Does Form I-9 Need to Be Notarized?
No.
This is an important distinction.
Although a Notary Public may be designated by an employer as its Authorized
Representative, Form I-9 itself does not require notarization.
When I assist with a Form I-9 appointment, I am not placing my notarial seal on the form or performing a traditional notarization. I am acting as the employer's designated Authorized Representative for the Form I-9 verification process.
That distinction is especially important for employers and employees searching for an "I-9 notary."
What you may actually need is a local professional whom your employer is willing to designate as its Authorized Representative.
How Can an Authorized Representative Help With a Remote Hire?
Imagine this scenario:
Your company's HR department is in California, but you've just hired an employee who lives in New Jersey.
The employee needs to complete the Form I-9 process, but there isn't an HR representative nearby to conduct the required physical document examination.
The employer may designate a local individual as its Authorized Representative.
That's where I can help.
Complete Notary Services provides in-person Form I-9 Authorized Representative services throughout Central New Jersey. I can meet the employee at a convenient location, such as their home, office, workplace, or an agreed-upon public location.
When designated by the employer, I can examine the documents presented by the employee and complete the applicable portion of Form I-9 on the employer's behalf, following the employer's instructions.
For Employees
If your employer has asked you to locate someone to complete the physical examination portion of your Form I-9, ask your employer whether they will authorize a local representative to complete Section 2 on their behalf.
Some employers provide their own Form I-9, portal, instructions, or Authorized Representative procedure. Have those instructions available before your appointment.
For Employers and HR Departments
If you have a new hire located in Central New Jersey and need someone to conduct an in-person Form I-9 document examination, you can designate Complete Notary Services to act as your Authorized Representative.
Please provide any company-specific instructions, forms, links, or onboarding procedures that must be followed before the appointment.
A Few Form I-9 Tips to Remember
Employees: Don't assume you have to bring a driver's license and Social Security card. Review the official Lists of Acceptable Documents and choose the documentation you wish to present.
Employers: Don't specify which acceptable documents an employee must provide. Give the employee access to the Lists of Acceptable Documents and allow them to choose.
Remote employees: If your employer asks you to find an Authorized Representative, confirm exactly what the employer requires before scheduling your appointment.
Everyone: Always check the USCIS website for the current Form I-9 and instructions. Form editions and federal guidance can change.
What Version of Form I-9 Should Employers Use?
As of this update, employers should use the current Form I-9 bearing the 05/31/2027 expiration date.
Because Form I-9 requirements and editions can change, employers and employees should obtain the current form directly from USCIS rather than relying on an older saved copy.
Form I-9 Record Retention for Employers
Completing the form is only part of an employer's responsibility.
Employers must also retain each employee's Form I-9 for the required period. Generally, an employer must retain Form I-9 for three years after the date of hire or one year after employment ends, whichever is later.
Employers should consult current USCIS guidance regarding storage, retention, corrections, reverification, and document-copying requirements.
The USCIS Handbook for Employers (M-274) is an excellent resource for HR departments and employers responsible for Form I-9 compliance.
Need an In-Person Form I-9 Authorized Representative in Central New Jersey?
Remote hiring shouldn't mean sending an HR representative hundreds of miles just to meet with a new employee.
If your employer has authorized you to use a local representative, Complete Notary Services can assist with in-person Form I-9 Authorized Representative services throughout Central New Jersey.
I can meet employees at their home, workplace, office, or another convenient location.
I'll meet you there.
Contact Complete Notary Services to schedule a Form I-9 appointment or to discuss Authorized Representative services for your company's remote employees.
Important Disclaimer
Complete Notary Services is not a law firm. I am not an attorney licensed to practice law and may not provide legal advice about immigration or any other legal matter, or accept fees for legal advice, select legal documents for you, draft legal documents, or advise you regarding the legal effect of a document.
This article is provided for general educational and informational purposes only and is not intended as legal advice. Federal and state laws, institutional policies, and individual circumstances vary and may change.
If you have questions about which documents are appropriate, how they should be prepared, or whether documents will be valid or recognized in another state, consult a qualified attorney licensed in the appropriate jurisdiction.
Contact me for an appointment.
Danielle J. Varughese
Mobile Notary Public | Apostille Facilitator | Document Translation Coordinator
+1 609.525.4424
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