Form I-9, Employment Eligibility Verification, is a required document for every employer in the United States. When employees or their document preparers speak a language other than English, questions arise about what can be translated, what must stay in English, and what role translation tools can play.
This article provides general information for employers navigating these questions. It is not legal advice. For authoritative guidance, consult the U.S. Citizenship and Immigration Services (USCIS) directly or speak with qualified legal counsel.
What Form I-9 Is and Who Must Complete It
Every employer in the United States must verify the identity and employment authorization of each person they hire. Form I-9 is the standard form used for this purpose.
Source: https://www.uscis.gov/i-9
The form has three sections:
- Section 1: Completed by the employee on or before the first day of work. It collects personal information and attests to employment authorization.
- Section 2: Completed by the employer (or an authorized representative) within three business days of the employee’s start date. It documents the documents presented to verify identity and authorization.
- Section 3: Used for reverification or rehire situations.
Failure to properly complete, retain, and present Form I-9 when requested can result in civil fines and, in cases of knowing violations, criminal penalties.
The English-Only Rule for the Official Form
The official Form I-9 must be completed in English. There are limited exceptions, but the general rule is straightforward: the form itself is an English-language document.
Source: https://www.uscis.gov/i-9-central/completing-form-i-9
This means that translation tools cannot and should not be used to fill out the form in another language. The employee’s attestation, the employer’s attestation, and the document information recorded must all be in English.
Where Translation Can Help: Explanatory Support Materials
While the form itself must stay in English, employers often need to help employees understand what the form asks and what documents they need to present. This is where translation becomes relevant.
Translated Instructions and Guides
USCIS publishes instructions for Form I-9 in English. Employers may choose to provide supplementary explanatory materials in other languages to help employees understand:
- What each section of the form asks
- What types of documents are acceptable for Section 2
- What the employee’s responsibilities are
- What the deadlines are for each step
These supplementary materials are not part of the official form. They are explanatory aids that can be created in any language.
Important: Translated instructions should be clearly labeled as explanatory support only. They should not be presented as official USCIS guidance.
Preparing Employees Before Form Day
One effective approach is to provide employees with translated preparation materials before they fill out the actual form. This allows them to:
- Gather the correct documents in advance
- Understand what information they will need to provide
- Ask questions before they are sitting in front of the form
A translated preparation checklist can list the document categories (List A, List B, List C) with examples of each, so employees know what to bring.
What Employers Should Not Do
Understanding the boundaries is as important as understanding what is permissible.
Do Not Translate the Form Itself
Creating a translated version of Form I-9 for employees to fill out is not authorized. The official form must be completed in English.
Do Not Alter Official Instructions
USCIS instructions should not be modified. If you create translated explanatory materials, make clear that they are your organization’s supplementary aids, not official USCIS documents.
Do Not Give Immigration Advice
Helping an employee understand what Form I-9 asks is different from advising them on their immigration status or eligibility. If an employee has questions about their immigration situation, direct them to USCIS resources or a qualified immigration attorney.
Do Not Treat Machine Translation as Legal Guidance
AI translation tools can help create explanatory drafts, but the output should be reviewed by someone who understands the I-9 process and the target language. Incorrect translations of document categories, deadlines, or attestation language could mislead employees.
A Practical Workflow for Multilingual I-9 Support
If you hire employees who are not fluent in English, here is a practical approach to supporting them through the I-9 process.
Step 1: Create Explanatory Materials in Advance
Before your next hiring cycle, prepare:
- A translated overview of Form I-9’s three sections
- A translated document checklist (List A, List B, List C with common examples)
- A translated FAQ covering common questions (deadlines, what “attestation” means, who can serve as an authorized representative)
You can use an AI translation tool to create first drafts of these materials, then have a bilingual reviewer check them for accuracy.
Step 2: Provide Materials Before the Employee’s First Day
Give the employee the translated preparation materials as early as possible. Ideally, send them along with the offer letter or onboarding packet. This gives the employee time to gather documents and ask questions before their first day.
Step 3: Have a Bilingual Colleague Available During Completion
If possible, have a bilingual staff member available when the employee completes Form I-9. They can answer questions about what the form is asking, though they should not fill out the form on the employee’s behalf unless they are serving as a preparer or translator (which must be noted on the form).
Step 4: Keep Explanatory Materials Updated
Form I-9 requirements can change. USCIS periodically updates the form and its instructions. Review your translated explanatory materials at least annually to make sure they still align with current requirements.
The Preparer/Translator Certification Block
Form I-9 includes a section called “Preparer and/or Translator Certification.” This section is used when someone other than the employee helps complete Section 1.
If a bilingual colleague translates the form’s questions for the employee and helps them fill in the answers, that colleague should complete the Preparer/Translator Certification. They must provide their name, address, and signature, and check the box indicating they served as a translator.
This is an important compliance step. Failing to complete this section when someone assisted with translation can be a compliance issue.
Common Questions From Employers
Can I use a translation app during the I-9 process?
Using a translation app to communicate verbally with an employee during the process is different from using it to create written translated materials. Real-time conversational translation can help you explain what the form asks, but the form itself must still be completed in English.
What if the employee’s documents are in another language?
If an employee presents documents that contain text in a language other than English, the employer may need to determine whether those documents are acceptable for Form I-9 purposes. USCIS provides guidance on acceptable documents. If you are unsure about a specific document, consult with legal counsel rather than relying solely on a translation of the document.
Do we need to keep translated explanatory materials on file?
There is no requirement to retain translated explanatory materials with the Form I-9. However, keeping them on file as part of your onboarding documentation can demonstrate good-faith efforts to support employees through the process.
Building a Reusable I-9 Support Package
Rather than scrambling to create translated materials each time you hire, build a reusable support package:
- Document checklist (one page): A simple list showing which documents fall under List A, List B, and List C, with common examples of each. This is the most-requested piece of information during I-9 completion.
- Section-by-section walkthrough (two to three pages): A plain-language explanation of what each field in Form I-9 asks, why the information is needed, and how to fill it out correctly.
- Common mistakes guide (one page): A list of frequent errors, such as forgetting to sign, providing expired documents, or missing the three-day deadline.
- Frequently asked questions (one to two pages): Answers to questions that employees commonly ask, such as “Can I use a copy of my document?” or “What if my name has changed since my document was issued?”
These four documents, translated into the languages your workforce speaks, cover the vast majority of I-9 support needs. Create them once, review them annually, and update them when USCIS issues form changes.
A document translation tool can produce first drafts of these materials from your English originals. Have a bilingual reviewer with I-9 knowledge check the drafts, and then store them in your onboarding toolkit for immediate use during new hire orientation.
Additional Resources
For the most current and authoritative information on Form I-9, refer to these official sources:
- Form I-9 page: https://www.uscis.gov/i-9
- Completing Form I-9: https://www.uscis.gov/i-9-central/completing-form-i-9
For questions about specific situations, consult with an immigration attorney or your organization’s legal counsel.
A Note on Remote and Distributed Hiring
With remote work becoming more common, many employers are hiring employees they never meet in person. This creates additional challenges for the I-9 process, since Section 2 requires physical document examination (or, during periods when remote alternatives are authorized, authorized representatives).
For multilingual remote hires, the need for translated explanatory materials is even greater, because the employee cannot simply walk over to an HR office and ask questions. Providing clear, translated preparation materials well in advance of the start date helps remote employees arrive at their first day ready to complete the process correctly.
If you use an authorized representative to complete Section 2 on behalf of your company, make sure that representative understands what documents are acceptable and how to record them, even if the employee’s documents are in another language.
Summary
Form I-9 must be completed in English. Translation tools cannot change that. But employers can and should support employees who are not fluent in English by providing translated explanatory materials, preparation checklists, and bilingual assistance during the completion process.
The key is understanding the line between helpful support and unauthorized modification. When in doubt, refer to USCIS guidance or consult legal counsel. Translation is a tool for communication, not a substitute for compliance.
Bottom Line for Employers
You do not need to be a linguist or an immigration attorney to support multilingual hires through the I-9 process. You do need to understand the boundaries: the form stays in English, but you can and should provide translated explanatory support that helps employees complete it correctly.
Invest a few hours upfront in creating translated preparation materials and a document checklist. It will save time on every multilingual hire and reduce the risk of I-9 errors that could create compliance issues down the road.
Common I-9 Errors That Translation Support Can Prevent
Many I-9 compliance issues stem from employees not fully understanding what is being asked of them. Translated preparation materials can help reduce these common errors:
- Missing or incorrect Section 1 information. Employees who do not understand the form may leave required fields blank or provide information in the wrong format. A translated walkthrough of each field reduces these errors.
- Expired documents presented for Section 2. A translated document checklist with clear examples of acceptable documents (and emphasis on checking expiration dates) helps employees bring the right documents on day one.
- Late completion. When employees do not understand the three-business-day deadline, they may delay providing documents. Translated materials that clearly state the deadline help prevent this.
- Incorrect preparer/translator certification. When a bilingual colleague helps an employee complete Section 1 but does not complete the preparer/translator section, the form is incomplete. Make sure your internal process instructions address this step explicitly.
Addressing these errors proactively through translated support materials is far less costly than correcting I-9 violations after an audit.
