What is Form I-9?

Form I-9, Employment Eligibility Verification, is required by law under the Immigration Reform and Control Act (IRCA). Every U.S. employer must complete an I-9 for every employee hired after November 6, 1986, to verify the employee's identity and legal authorization to work in the United States.

Who Needs to Complete Form I-9?

All employers in the United States, regardless of size
All new employees (both citizens and non-citizens) hired after the law's effective date
Employers are not required to complete I-9 for employees hired before November 7, 1986, independent contractors, or employees providing services outside the U.S.

The Two Sections of Form I-9

Section 1, Employee Information (completed by the employee on or before their first day of work)

Full legal name
Address
Date of birth
Social Security Number (voluntary unless employer uses E-Verify)
Citizenship or immigration status
Employee signature and date

Section 2, Employer Review and Verification (completed by employer within 3 business days of hire)

List A documents (establish both identity and employment authorization), OR
List B documents (establish identity) AND List C documents (establish employment authorization)
Employer or authorized representative signature, date, and business information

Acceptable Documents

List A (identity + work authorization):

U.S. Passport or Passport Card
Permanent Resident Card (Green Card)
Employment Authorization Document (EAD)

List B (identity only):

State driver's license
Federal, state, or local government ID card
School ID with photo

List C (work authorization only):

Social Security card
Birth certificate
U.S. citizen ID card

Retention Requirements

Employers must retain I-9 forms for whichever is later: 3 years after the date of hire or 1 year after the date employment ends.

Penalties

Failure to properly complete I-9 forms can result in civil penalties ranging from $272 to $2,701 per violation for first-time paperwork violations, and higher for knowingly hiring unauthorized workers.

Frequently Asked Questions

Can I-9 be completed electronically? Yes, employers may use electronic I-9 systems as long as they meet DHS standards for electronic records.

Does I-9 need to be re-done when an employee changes jobs within the same company? No, if the employee remains continuously employed by the same employer.

What is E-Verify? E-Verify is an internet-based system that compares I-9 information to government records. It's mandatory for federal contractors and some state employers.

USCIS Form I-9: Employment Eligibility Verification