Completing Section 2, Employer Review and Attestation (2024)

As an employer, you or your authorized representative must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of your employee (the hire date means the first day of work for pay). For example, if your employee began work for pay on Monday, you must complete Section 2 by Thursday of that week. If the job lasts less than 3 days, you must complete Section 2 no later than the first day of work for pay. 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 the employee’s first job or the date the new employee is entered into the assignment pool as the first day of employment.

Employee Responsibilities for Section 2

Employees must present original, acceptable, and unexpired documentation that shows the employer their identity and employment authorization. Your employees may choose to present either:

• One document from List A; or
• One document from List B in combination with one document from List C

In certain cases, employees can present an acceptablereceipt for List A, B, or C documents.

List A documentation shows both identity and employment authorization. If an employee presents acceptable List A documentation, do not ask them to present List B or List C documentation.

List B documentation shows identity only and List C documentation shows employment authorization only. If an employee presents acceptable List B and List C documentation, do not ask them to present List A documentation.

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

Employer Responsibilities for Section 2

As an employer, you or your authorized representative must examine the documentation your employee presents, complete Section 2 and sign and date the form.

The employer or authorized representative must:

• Ensure that any document your employee presents from the Lists of Acceptable Documents is original (except that certified copies of birth certificates are acceptable) or is an acceptable receipt.
• Examine each document to determine if it reasonably appears to be genuine and relates to your employee presenting it. Employers must physically examine documents, except, employers that participate in E-Verify may use an alternative procedure authorized by the Secretary of DHS to remotely examine documents. If you determine the document does not reasonably appear to be genuine and relate to your employee, allow your employee to present other documentation from the Lists of Acceptable Documents.
• Enter the document title, issuing authority, document number (if any)and expiration date (if any) from the document(s) your employee presented.
• Check the box in the Additional Information field if you participate in E-Verify and used an alternative procedure to remotely examine your employee's documents.
• Enter the date your employee began or will begin work for pay.
• Enter the first and last name, signature and title of the person completing Section 2, as well as the date he or she completed Section 2.
• Enter the employer’s business name and physical address. Employers may not enter a P.O. box as their address. If your company has multiple locations, use the most appropriate address that identifies the location of the employer with respect to the employee and their Form I-9 completion (for example, the address where Form I-9 is completed).
• Return the documentation presented back to your employee.

Entering Dates in Section 2

Section 2 includes two spaces that require dates. These spaces are for:

• Your employee’s “first day of employment” which means the commencement of employment of an employee for wages or other remuneration; and
• The date you examined the documentation your employee presented to show identity and employment authorization.

The Date the Employee Began Employment

The date your employee began employment may be a current, past or future date. You should enter:

A current date

• If Section 2 is completed the same day your employee begins employment for wages or other remuneration.

A past date

• If Section 2 is completed after your employee began employment for wages or other remuneration, enter the actual date your employee began employment for wages or other remuneration.

A future date

• If Section 2 is completed after the employee accepts the job offer but before he or she will begin employment for wages or other remuneration, enter the date the employee expects to begin such employment. If the employee begins employment on a different date, cross out the expected start date and write in the correct start date. Date and initial the correction.

Federal contractors completing Form I-9 for existing employees as a result of an award of a federal contract with the FAR E-Verify clause (PDF):

• Enter the date their employees first began employment for wages or other remuneration from Section 2 of their previously completed Form I-9.

The Date the Employer Examined the Employee’s Documents

This date is the actual date you complete Section 2 by examining the documentation your employee presents and signing the certification.

If your employee is a minor (under age 18), has a disability (special placement), or presents documents with which you are not familiar, please see Special Categories on how to complete Form I-9. If you still need help, please contact theForm I-9 Contact Center

Using Authorized Representatives

An authorized representative can be any person you designate, hire, or contract with to complete, update, or make corrections to Section 2 (or 3) on your behalf. An authorized representative can be any member of the general public (see exception regarding employees below), personnel officer, foreman, agent, or notary public where permissible. Your authorized representative must perform all your duties, including reviewing the employee’s completed Section 1, either physically or remotely. 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 authorized representative you designate.

You are not required to have a contract or other specific agreement with your authorized representative for Form I-9 purposes. If you choose to use a notary public as an authorized representative, that person is not acting in the capacity of a notary. This person must perform the same required actions to complete the verification process on your behalf as any other authorized representative, including signatures. When acting as an authorized representative, a notary public should not provide a notary seal on Form I-9.

Employees cannot act as authorized representatives for their own Form I-9. Therefore, employees cannot complete, update, or make corrections to Section 2 (or 3) for themselves or attest to the authenticity of the documentation they present. See the M-274, Handbook for Employers for additional information.