Updated I-9 Employer Guide

Published September 2009

Updated I-9 Employer Guide

The U.S. Citizenship and Immigration Services employer guide M-274 has been updated to reflect the changes to Form I-9. Click this link to view our July article that explains some of the changes and recent audits.

You can obtain a copy of the USCIS I-9 Employer Guide at this link: http://www.uscis.gov/files/nativedocuments/m-274.pdf.

Notes: There are NOTES throughout the guide that help clarify or elaborate commonly confused topics. See below for an example.

NOTE: Providing a Social Security number on Form I-9 is voluntary for all employees unless you are an employer participating in the USCIS E-Verify Program, which re­quires an employee’s Social Security number for employ­ment eligibility verification.

You may not ask an employee to provide you a specific document with his or her Social Security number on it. To do so may constitute unlawful discrimination. For more information on the E-Verify Program, see Part Six. For more information on unlawful discrimination, see Part Four.

Q&A : There is an extensive Q&A section that starts on page 29. See below for an example.

Q. Do I need to fill out Forms I-9 for independent contractors or their employees?

A. No. For example, if you contract with a construction company to perform renovations on your building, you do not have to complete Forms 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.

Acceptable documents: Photos of acceptable documents are included on page 45.

Updated Form I-9 can be found at the links below:

  1. English: http://www.uscis.gov/files/form/i-9.pdf
  2. Spanish: http://www.uscis.gov/files/form/I-9_Spanish_Rev_01-29-09.pdf

USCIS offers free webinars on I-9 and E-Verify. Click the link below for available dates and to sign up.