I-9 Form (US)
A US Citizenship and Immigration Services (USCIS) form that every employer must complete for each new hire to verify the employee's identity and legal authorization to work in the United States.
- What Is the I-9 Form?
- I-9 Form Structure and Sections
- Acceptable Documents for I-9 Verification
- Most Common I-9 Errors and How to Avoid Them
- E-Verify and the I-9
- I-9 Penalty Schedule
- I-9 Retention and Storage Rules
- I-9 Verification for Remote Employees
- I-9 Enforcement Statistics [2026]
- Frequently Asked Questions About I-9 Forms
What Is the I-9 Form?
Key Takeaways
- ✓The I-9 (Employment Eligibility Verification) is a federal form required for every employee hired in the United States, regardless of citizenship, nationality, or company size.
- ✓It was created under the Immigration Reform and Control Act (IRCA) of 1986 to prevent the employment of individuals who aren't authorized to work in the US.
- ✓The form has three sections: Section 1 (completed by the employee on or before the first day of work), Section 2 (completed by the employer within 3 business days of the start date), and Section 3 (used for reverification and rehires).
- ✓Employers must physically examine original documents from the employee, not photocopies or digital images, unless using an authorized alternative procedure.
- ✓Penalties for I-9 violations range from $252 to $2,507 per form for first offenses, escalating to $2,507 to $25,076 per form for repeat violations (USCIS, 2024 adjusted).
The I-9 is the single most important compliance document in the hiring process. Every employer in the United States, from a one-person startup to a Fortune 500 company, must complete an I-9 for each new hire. No exceptions for US citizens. No exceptions for re-hires (unless specific conditions are met). No exceptions for part-time or temporary workers. The form verifies two things: that the employee is who they claim to be (identity) and that they're legally authorized to work in the US (employment eligibility). The employee presents original documents from approved lists, and the employer examines them and records the details on the form. It sounds simple, but the I-9 is one of the most error-prone forms in HR. A 2023 analysis by the American Immigration Lawyers Association found that over 70% of audited I-9s contained at least one technical violation. Common errors include late completion, accepting expired documents, failing to complete all required fields, and not reverifying expiring work authorization. These aren't theoretical risks. Immigration and Customs Enforcement (ICE) conducted over 6,000 worksite investigations in fiscal year 2023.
I-9 Form Structure and Sections
The I-9 has three sections with specific rules about who completes each section and when.
| Section | Completed By | Deadline | What It Covers |
|---|---|---|---|
| Section 1 | Employee | On or before the first day of employment | Legal name, address, DOB, SSN (voluntary in most cases), citizenship/immigration status, work authorization details |
| Section 2 | Employer | Within 3 business days of employee's start date | Document examination: title, issuing authority, document number, expiration date for List A, B, and/or C documents |
| Section 3 | Employer | On or before the expiration date of work authorization | Reverification of expiring employment authorization, rehire verification, legal name changes |
| Supplement A | Preparer/translator | Same as Section 1 | Required if someone other than the employee prepares Section 1 or translates it |
| Supplement B | Employer | Varies | Additional space for Section 3 reverification entries when the original Section 3 is full |
Acceptable Documents for I-9 Verification
The I-9 uses a list system for acceptable documents. Employers must accept any valid document(s) from the lists. Specifying which documents an employee must present is a form of document abuse and violates anti-discrimination provisions.
List A: Identity AND work authorization (one document needed)
List A documents prove both identity and employment eligibility with a single document. Common examples: US passport or US passport card, Permanent Resident Card (Green Card, Form I-551), foreign passport with Form I-94 showing work authorization, Employment Authorization Document (EAD, Form I-766). If the employee presents a valid List A document, no List B or C document is needed.
List B: Identity only (must be paired with List C)
List B documents prove identity but not work authorization. Common examples: driver's license, state-issued ID card, federal or military ID. For employees under 18, a school record or daycare record can substitute. The List B document must include a photo. The employer must also examine a List C document to establish work authorization.
List C: Work authorization only (must be paired with List B)
List C documents prove employment eligibility but not identity. Common examples: Social Security card (unrestricted, without "NOT VALID FOR EMPLOYMENT" notation), birth certificate (US or outlying possession), Certificate of Citizenship (Form N-560), or employment authorization document issued by DHS. Combined with a List B document, this satisfies the I-9 requirement.
Most Common I-9 Errors and How to Avoid Them
The American Immigration Lawyers Association found that over 70% of audited I-9 forms contain errors. These are the mistakes that show up most often.
Timing violations
Section 1 must be completed on or before the employee's first day of work. Not before the offer is accepted. Not a week after they start. On or before Day 1. Section 2 must be completed within 3 business days of the start date. If someone starts on Monday, Section 2 must be done by Thursday. Many companies fail this deadline because managers forget or HR is offsite. Set up automated reminders tied to your HRIS onboarding workflow.
Incomplete fields
Every field must be completed. Blank fields are violations. If a field doesn't apply (like a middle initial the employee doesn't have), write "N/A." If the employee's address doesn't include an apartment number, write "N/A" in that field. The most commonly missed fields: employee's email address, employee's phone number, document expiration dates (write "N/A" if the document doesn't expire, like a US passport card), and the employer representative's title.
Document abuse
Employers cannot request specific documents. If an employee wants to present a driver's license (List B) and Social Security card (List C) instead of a passport (List A), the employer must accept that combination. Requesting "a passport" or "a Green Card" by name is document abuse and violates the anti-discrimination provisions of the Immigration and Nationality Act. The Department of Justice's Immigrant and Employee Rights Section (IER) investigates these complaints.
Photocopying requirements
Employers may make photocopies of I-9 documents, but only if they photocopy ALL documents presented by ALL employees. Selective photocopying (for example, only copying documents from non-US citizens) is discriminatory and illegal. The safest policy is either photocopy everyone's documents or no one's documents. If you choose to photocopy, store copies with the I-9 form.
E-Verify and the I-9
E-Verify is an electronic system that compares I-9 information against government databases to confirm employment eligibility. It's related to but separate from the I-9 process.
How E-Verify works
After completing the I-9, participating employers enter the employee's information into the E-Verify system. The system checks the data against Social Security Administration and Department of Homeland Security records. Results come back as either "Employment Authorized" (confirmed), "Tentative Nonconfirmation" (TNC, meaning a mismatch was found), or "Case in Continuance" (requires additional review). Employers must not take adverse action against an employee during the TNC resolution process.
Who must use E-Verify
E-Verify is mandatory for federal contractors and subcontractors (per FAR E-Verify clause), employers in states with mandatory E-Verify laws (Arizona, Mississippi, Alabama, South Carolina, and others), and employers participating in certain visa programs. It's voluntary for all other employers, though many choose to participate. About 1 million employers are enrolled in E-Verify as of 2024.
I-9 Penalty Schedule
The penalties for I-9 violations increased significantly in recent years. ICE adjusts them annually for inflation.
| Violation Type | First Offense (Per Form) | Second Offense | Third+ Offense |
|---|---|---|---|
| Substantive/uncorrected technical violation | $252 - $2,507 | $2,507 - $6,269 | $6,269 - $12,537 |
| Knowingly hiring/continuing to employ unauthorized worker | $698 - $5,579 | $5,579 - $13,947 | $8,369 - $25,076 |
| Document fraud (using fraudulent documents) | $529 - $4,228 | $4,228 - $10,570 | $6,341 - $21,137 |
| Pattern or practice of violations | Criminal penalties possible | Up to $3,000 per worker | Up to 6 months imprisonment |
I-9 Retention and Storage Rules
Employers must retain I-9 forms for a specific period after the employee separates. The retention formula is one of the most commonly misunderstood rules.
Retention formula
Keep the I-9 for whichever date is later: three years after the date of hire, or one year after the date of termination. For an employee hired on March 1, 2024, and terminated on February 1, 2025, the retention dates would be: three years after hire = March 1, 2027, or one year after termination = February 1, 2026. Since March 1, 2027 is later, that's the retention deadline. For long-tenured employees, one year after termination will almost always be the later date.
Storage best practices
Store I-9 forms separately from personnel files. In an ICE audit, you'll need to produce I-9s for all current and recently separated employees. Having them in a dedicated I-9 binder or electronic system speeds up audit response. Electronic storage is permitted if the system provides reasonable controls for integrity, accuracy, and access. HRIS platforms like BambooHR, Workday, and ADP offer I-9 management modules that track deadlines and flag expiring work authorization.
I-9 Verification for Remote Employees
Remote hiring creates challenges for I-9 completion since the employer must physically examine original documents.
Authorized representatives
If the employer can't examine documents in person, they can designate an authorized representative to complete Section 2 on their behalf. This can be a notary public, accountant, attorney, or any other person trusted by the employer. The authorized representative examines the original documents and completes Section 2. The employer is still liable for any errors the representative makes.
DHS alternative procedure
In 2023, DHS introduced an optional alternative procedure allowing E-Verify employers to examine I-9 documents remotely via live video. The employee transmits copies of documents, and the employer examines them over video while the employee holds up the originals. This procedure is only available to employers in good standing with E-Verify and requires compliance with specific technical and procedural standards. It doesn't eliminate the need for the I-9; it just allows remote document examination.
I-9 Enforcement Statistics [2026]
Key enforcement data showing the scale and seriousness of I-9 compliance.
Frequently Asked Questions
Do US citizens need to complete an I-9?
Can I complete the I-9 before the employee's first day?
What if an employee's work authorization expires?
Do I need to redo the I-9 if I rehire a former employee?
What happens during an ICE audit?
Can I use copies of documents instead of originals for Section 2?
Written by Adithyan RK