What is Form I-9?

Form I-9, Employment Eligibility Verification, is the federal form used to verify the identity and employment authorization of individuals hired for employment in the United States. Employers and employees have specific responsibilities for completing the form.

Who must complete Form I-9?

Generally, employers must complete and retain Form I-9 for individuals hired for employment in the United States after the applicable effective date of the current requirements. Certain individuals and employment situations may be exempt.

Does every employee need an I-9?

Generally, employees hired to perform work in the United States must complete Form I-9 unless an applicable exception applies.

What documents can an employee use for Form I-9?

Employees generally provide either:

• One document from List A, or
• One document from List B and one document from List C.

List A documents establish identity and employment authorization. List B documents establish identity, while List C documents establish employment authorization.

What is a List A document?

A List A document generally establishes both identity and employment authorization. Examples can include certain:

• U.S. passports
• Permanent Resident Cards
• Employment Authorization Documents

What is a List B document?

A List B document generally establishes identity.

What is a List C document?

A List C document generally establishes employment authorization.

When must the Form I-9 be completed?

Section 1 must be completed by the employee no later than the first day of employment, and it may be completed after the job offer is accepted but not before. The employer must complete Section 2, examining documentation, within three business days of the first day of employment. For employment lasting fewer than three days, both sections must be complete by the first day.

What documents can an employer ask for?

The employee chooses which acceptable documents to present - either one document from List A, which establishes both identity and work authorization, or one from List B for identity plus one from List C for work authorization. The employer may not specify which documents the employee presents, and requesting more or different documents is document abuse, an unlawful practice separate from any verification failure.

What Is E-Verify?

E-Verify is an electronic system that compares information from Form I-9 with records maintained by the U.S. Department of Homeland Security (DHS) and Social Security Administration.

Is E-Verify required?

Not by federal law for most private employers, though it is required for certain federal contractors. A number of states mandate it, sometimes only above an employee-count threshold or only for public employers and contractors, so the answer depends on where the employer operates.

Can I-9 documents be examined remotely?

Employers enrolled in E-Verify and in good standing may use an alternative procedure permitting remote examination of documentation, subject to specific requirements including retaining copies of the documents. Employers not participating in E-Verify must examine original documents in physical presence. This is a frequent point of confusion for remote-first employers.

How long must I-9s be retained?

Three years after the date of hire, or one year after the date employment ends, whichever is later. I-9s should be stored separately from personnel files so they can be produced for inspection without exposing unrelated employee records, and terminated employees' forms should be purged on schedule rather than kept indefinitely.

How are I-9 errors corrected?

Draw a single line through the incorrect information, enter the correct information, and initial and date the change — never use correction fluid or backdate. The employee corrects Section 1 errors; the employer corrects Section 2. A missing I-9 should be completed as soon as the omission is discovered, dated with the actual date of completion, and not backdated. Self-audit and correction before an inspection substantially reduces exposure, and penalties apply per form.