What Is Form I-9?
Form I-9, officially titled the Employment Eligibility Verification form, is a document issued by U.S. Citizenship and Immigration Services (USCIS). Federal law requires employers to complete an I-9 for every person they hire for work in the United States — including citizens and non-citizens alike. Its purpose is to verify that the employee is legally authorized to work in the country.
Who Must Complete Form I-9?
Both the employer and the employee have responsibilities under Form I-9:
- Employees must complete Section 1 on or before their first day of work.
- Employers must complete Section 2 within three business days of the employee's first day.
- Independent contractors and volunteers are generally not required to complete an I-9, though exceptions exist.
Breaking Down the Three Sections
Section 1 – Employee Information and Attestation
The employee fills out this section, providing their full legal name, address, date of birth, and Social Security Number (if applicable). They then attest to their citizenship or immigration status by checking one of the following:
- U.S. Citizen
- Noncitizen National of the United States
- Lawful Permanent Resident (with Alien Registration Number)
- Noncitizen authorized to work (with expiration date, if any)
Section 2 – Employer Review and Verification
The employer must physically examine original documents provided by the employee. Acceptable documents fall into three lists:
| List A | List B | List C |
|---|---|---|
| Documents that establish both identity and work authorization (e.g., U.S. Passport, Permanent Resident Card) | Documents that establish identity only (e.g., Driver's License, State ID) | Documents that establish work authorization only (e.g., Social Security card, birth certificate) |
Employees must present either one List A document or one List B document + one List C document. Employers cannot specify which documents to accept — employees choose from the eligible lists.
Section 3 – Reverification and Rehires
This section is used when an employee's work authorization expires and needs to be re-verified, or when a former employee is rehired within three years of their original I-9 date.
How Long Must Employers Retain I-9 Forms?
Employers must retain Form I-9 for the later of:
- Three years after the date of hire, or
- One year after the date of termination
Forms must be available for inspection by authorized government officials upon request.
Common Compliance Mistakes
- Completing Section 2 before the employee's first day of work
- Accepting expired documents
- Requesting more documents than legally required
- Failing to re-verify work authorization before expiration dates
- Not retaining forms for the required period
Penalties for I-9 violations can be significant, ranging from civil fines for paperwork errors to criminal penalties for knowingly hiring unauthorized workers. Taking the time to do it right protects both the employer and the employee.