The USCIS has issued a compliance manual for employers, M-274, Handbook for Employers regarding completing and retaining the amended I-9 Employment Eligibility Verification form. This manual is also useful because it explains when an employer may be subject to penalties for discrimination during the I-9 form process.

It is interesting to note that even employers of corporations (that includes most small businesses) must retain these documents even for themselves or risk being out of compliance with the INA and DHS regulations.

While there is a Spanish version of the I-9 form, it can only be used in Puerto Rico, in the rest of US territory the English form must be completed, though assistance of a translator can be documented on the form for non-English speaking employees.

While the manual states that you do not need collect and maintain the form for independent contractors, individuals employed before November 7, 1986, individuals employed for casual  domestic work in a private home on a sporadic, irregular or intermittent basis or for through employee leasing or contracting services if you know the individual is an alien and not authorized to work you may not contract to have that individual perform any services for you.

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