What is Form I-9?

Who needs to complete Form I-9?

All new employees hired for work in the United States must complete Form I-9 for employment eligibility verification. This includes:

• US citizens
• Noncitizen nationals
• Lawful permanent residents
• Other individuals, including noncitizens, who are authorized to work

Employers are required to use Form I-9 to verify the identity and work authorization of each employee hired after Nov. 6, 1986. This includes new employees and rehires, regardless of their citizenship or immigration status.

When to complete a Form I-9

Generally, Form I-9 must be completed within three business days of the employee’s first day of employment. 

How to fill out Form I-9

Form I-9 is divided into multiple sections. Employers and employees each complete sections of the I-9 form, following the instructions below.

Section 1 (employee)

In Section 1, the employee provides personal information, such as:

• Their name
• Their address
• Their date of birth
• Their Social Security number

The employee must also attest to their citizenship or immigration status by selecting the appropriate box, and sign and date the form to certify the accuracy of the information provided.

Section 2 (employer)

In Section 2, the employer reviews and records the documents presented by the employee to verify their identity and work authorization. The employer must physically examine the documents provided by the employee and ensure that they are on the list of acceptable documents provided with Form I-9.

After reviewing the documents, the employer must record the document title, issuing authority, document number, and expiration date (if any). This section must be completed within three business days of the employee’s first day of employment.

Section 3: Supplement B (employer or employer’s authorized representative, as needed)

Section 3 is used for reverification and rehires. The employer or the employer's authorized representative completes this section when an employee's work authorization or documentation expires, or when there is a significant change, such as a legal name change.

Reverification is required for employees who present temporary work authorization documents. If an employee is rehired within three years of the original Form I-9 completion, the employer may use Section 3 instead of filling out a new form.

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I-9 verification

I-9 verification is when an employer verifies an employee’s identity and their eligibility to work in the US. 

Employers are responsible for making sure that the documents provided by the employee during the I-9 process are authentic and relate to the person presenting them. This verification process helps employers comply with federal regulations and avoid potential penalties for hiring unauthorized workers.

Acceptable documents for I-9 verification

To complete the I-9 verification process, employees must present original documents that establish both their identity and employment authorization. The documents are divided into three categories: List A, List B, and List C.

The employee can choose which documents to present, but they must provide either one document from List A or a combination of one document from List B and one from List C. Employers must verify that the documents appear on the official Lists of Acceptable Documents provided with Form I-9 and that they are genuine and related to the employee.

List A documents

List A documents establish both identity and employment authorization. Examples include:

• US passport
• Passport card
• Permanent resident card
• Foreign passport with a Form I-94 attached

List B documents

List B documents establish identity only. Examples include:

• Driver’s license
• State ID card with a photo
• Voter registration card
• Military ID card

List C documents

List C documents establish employment authorization only. Examples include:

• Social Security card (that is not labeled as "not valid for employment")
• Certified copy of a birth certificate issued by a U.S. state, territory, or local government agency
• Employment authorization document issued by the US Department of Homeland Security (DHS)

How to verify an employee’s I-9 in person

When verifying or reverifying an employee’s I-9 in person, the employer must physically examine the documents provided by the employee to make sure they meet the requirements for identity and employment authorization. 

The employer should confirm that the documents are on the appropriate lists (List A, List B, or List C) and that they appear genuine. After reviewing the documents, the employer records the relevant information on Form I-9 and completes Section 2 of the form. The verification process must be completed within three business days of the employee’s first day of work.

How to verify an employee’s I-9 remotely

During the COVID-19 pandemic, when many companies shifted to remote work, US Citizenship and Immigration Services (USCIS) implemented an alternate procedure for verifying an employee’s documents and I-9 without in-person interaction.

If an employee works remotely, the employer can conduct the I-9 verification process remotely using E-Verify. This requires them to either meet government requirements to become an E-Verify employer, or use an E-Verify agent. If they meet all the requirements, they can verify remote employees’ documents and I-9 forms using a live video interaction rather than in person.

I-9 storage and retention

Federal law requires employers to retain each employee’s Form I-9, store it securely (either on paper or electronically), and make it available for inspection by authorized government officials. Employers must retain Form I-9 for three years after the employee’s date of hire or one year after the employee's employment ends—whichever is later.

I-9 inspection

I-9 forms may be subject to inspection by several federal agencies, including: 

• US Citizenship and Immigration Services (USCIS)
• The US Department of Homeland Security (DHS)
• Immigration and Customs Enforcement (ICE)
• The Department of Justice (DOJ). 

Federal law requires all employers to provide access to their I-9 records during these inspections. If errors or discrepancies are found during an inspection, the employer may be required to take corrective actions, such as completing reverification and rehires or providing additional documentation. Failure to comply with I-9 requirements can result in significant fines and penalties.

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Frequently asked questions about Form I-9

Can Form I-9 be completed in a language other than English?

Form I-9 is available in English and Spanish, but the Spanish version can only be used in Puerto Rico. In all other US locations, employees must complete the English version of Form I-9. However, employers may provide the Spanish version as a reference or use a translator to assist non-English-speaking employees in completing the form. If a translator is used, they should fill out Supplement A on Page 3 of the form.

What should employers do if an employee’s immigration status changes?

If an employee's immigration status changes, such as becoming a U.S. citizen or obtaining permanent resident status, the employer is not required to complete a new Form I-9. However, if the employee’s work authorization or documentation has changed, the employer may need to update the I-9 form by completing Section 3.

What is an I-9 self-audit?

An I-9 self-audit is an internal review conducted by an employer to ensure that all Form I-9s are accurately completed and stored according to federal regulations. This proactive measure helps employers identify and correct any errors, omissions, or outdated information before an official government audit occurs. Conducting regular self-audits can help minimize the risk of non-compliance and potential fines. Learn more about correcting I-9 forms at uscis.gov.

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