There is a Spanish version of Form I-9, and employers often assume it solves the problem when a new hire reads Spanish better than English. The rule is narrower than that: outside Puerto Rico, the Spanish form is a reading aid, not the form you complete.
In the 50 states, DC and the other territories except Puerto Rico, complete and keep the English Form I-9. The Spanish version may be handed to the employee to help them understand it. In Puerto Rico only, employers may complete the Spanish version instead.
What the rule says
The Department of Homeland Security publishes a Spanish translation of Form I-9. Employers in Puerto Rico may use it as their official form. Everywhere else it is for reference. The employee can read the Spanish version to understand each question, but the answers and signatures go on the English form, and the English form is the one that goes in your file.
Using the Spanish form where it is not allowed is a paperwork error. It is one of the issues covered in I-9 audits in 2026, so it is worth catching during a self-audit.
How to help a Spanish-speaking employee correctly
- Give them the Spanish version to read. That is allowed and helpful.
- Let them complete the English form themselves. Section 1 belongs to the employee.
- If they need help, use a preparer or translator. That person completes Supplement A and signs it. Do not fill in answers for the employee yourself without that certification.
- Do not suggest answers. In particular, do not tell someone which citizenship or immigration status to check.
We cover the whole process, including the certification, in How to help a Spanish or Mandarin-speaking employee with I-9 Section 1.
Section 2 is still completed in English
The employer or authorized representative completes Section 2 on the English form, in English, whether the employee used the Spanish reference or not. The documents the employee presents are the same in every language: one from List A, or one from List B plus one from List C. See the acceptable documents list.
Can the employer choose which documents to ask for?
No. The employee decides which acceptable documents to present. Asking for specific documents, or refusing documents that look valid, can lead to a discrimination claim. This applies to Spanish-speaking employees just as it does to everyone else.
The Spanish form and remote hires
Remote verification has its own requirements, and a Spanish-speaking hire in another state still needs the English form. If you use an authorized representative to complete Section 2, the representative works in English. Read online and remote I-9 verification before you rely on a video review.
El Formulario I-9, en breve
El Formulario I-9, Verificación de Elegibilidad de Empleo, es un documento federal que todo empleador en Estados Unidos debe completar para cada nuevo empleado. Sirve para confirmar la identidad del empleado y su autorización para trabajar. El empleado completa la Sección 1 a más tardar el primer día de trabajo, y el empleador completa la Sección 2 dentro de tres días hábiles. Fuera de Puerto Rico, el formulario en español sirve solamente como guía de traducción; se debe completar el formulario en inglés. Nuestro servicio se presta en inglés.
We act as your authorized representative and complete Section 2 in English, in person across the five boroughs, or by live video for E-Verify employers. From $45 per employee.
Frequently asked questions
Can I use the Spanish Form I-9 in New York?
No. In New York, as in every state, complete the English form. You may give the Spanish version to the employee as a reference.
Is the Spanish Form I-9 legal in Puerto Rico?
Yes. Employers in Puerto Rico may complete and keep the Spanish version.
Can an employee fill out the form in Spanish?
They can read the Spanish reference, but the entries go on the English form. If they need help writing the answers, use a preparer or translator and complete Supplement A.
What if I already used the Spanish form outside Puerto Rico?
Do not discard it. Have the employee complete a current English Form I-9, attach it to the original, and add a signed and dated note. See the I-9 audit checklist for how to correct forms safely.
Related reading
- Helping a Spanish or Mandarin-speaking employee with Section 1
- What is I-9 employment eligibility verification?
- I-9 verification for employers, step by step
- I-9 audit checklist for employers
- I-9 verification service in NYC
This is general information, not legal advice, and NotarEaseNYC is not a law firm. Confirm the current form and instructions on the USCIS website before relying on this.