Form I-9 Employer Guide | Employment Eligibility Explained

Every employer in the U.S. must ensure that each employee hired after November 6, 1986, completes Form I-9, regardless of citizenship or immigration status. This form verifies both identity and employment authorization.

🔍 Example: If a U.S. citizen, a permanent resident, and a foreign national all start work at your company, each must complete Form I-9.

Employers and employees share responsibility for completing the form:

Employees must complete Section 1 on or before the first day of work.
Employers must complete Section 2 within three business days of the employee’s start date.

Highlights of Content

When to Complete a Form I-9

Section 1: Must be completed by the employee no later than the first day of employment.
Section 2: Must be completed by the employer within three business days of the employee’s first workday.
Section 3 (if applicable): Used for reverification or rehiring within 3 years.

✅ Quick Tip: Don’t complete Form I-9 before the employee accepts a job offer. It can’t be used as a screening tool.

How to Fill Out Form I-9 (Step-by-Step)

Form I-9 consists of three sections. Let’s break down each one:

🔹 Section 1 – Employee Information and Attestation

To be completed by the employee. Includes:

Full name, address, date of birth
Immigration or citizenship status
Alien registration or USCIS number (if applicable)
Signature and date

💡 Example: A lawful permanent resident must enter their A-number and check the box indicating their status.

🔹 Section 2 – Employer Review and Verification

To be completed by the employer:

Review the documents presented by the employee.
Record the document title, issuing authority, number, and expiration date.
Complete employer attestation and provide signature and date.

🛂 Employers must physically or remotely examine the original documents within 3 business days.

🔹 Section 3 – Reverification and Rehires (If Applicable)

Use when:

An employee’s work authorization expires.
An employee is rehired within 3 years of the original I-9.
The employee has a legal name change.

I-9 Verification: What Employers Need to Know

Verification means confirming that the documents provided are:

On the official List of Acceptable Documents (discussed below),
Genuine, and
Relate to the employee presenting them.

You don’t have to be a document expert—but you must reject documents that appear fake or altered.

Acceptable Documents for I-9 Verification

Form I-9 outlines three categories of documents:

List A: Proves both identity and employment authorization.
List B: Proves identity only.
List C: Proves employment authorization only.

Employees must present:

One document from List A, or
One document from List B AND one from List C.

Official Lists of Acceptable Documents

🔷 List A – Identity & Work Authorization

Examples:

U.S. Passport or Passport Card
Permanent Resident Card (Green Card)
Employment Authorization Document (EAD)
Foreign passport with Form I-94 and work authorization

📌 Tip: A List A document is all you need. No List B or C required.

🔷 List B – Identity Only

Examples:

Driver’s license
State ID card
School ID with photo
Voter registration card (in some cases)

💡 Must be photo-bearing and issued by a government agency.

🔷 List C – Employment Authorization Only

Examples:

Social Security card (not stamped “Not valid for employment”)
U.S. birth certificate
Employment authorization record from DHS

❗ Cannot accept laminated Social Security cards if the lamination prevents detection of security features.

How to Verify an Employee’s I-9 In Person

Ask employee to bring documents from List A or List B + C.
Examine the original, physical documents.
Check for authenticity and that they match the employee.
Complete Section 2 accordingly.

🛑 You cannot accept photocopies or digital scans—only original documents.

How to Verify an Employee’s I-9 Remotely

As of August 1, 2023, qualified E-Verify employers can use alternative remote verification under DHS rules.

Steps for remote verification:

Examine the document copy (front and back if applicable).
Conduct a live video interaction with the employee.
Retain the document copies.
Indicate use of remote procedure on the form.

✅ Only employers enrolled in E-Verify may use this method.

I-9 Storage and Retention

Employers must retain Form I-9s for:

3 years after the date of hire, OR
1 year after termination, whichever is later.

Storage options:

Paper
Microfilm/microfiche
Electronic format

🔐 Store separately from employee personnel files for easy access during audits.

I-9 Inspection

U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) can audit your Form I-9s. If selected:

You’ll receive a Notice of Inspection.
Must produce forms within 3 business days.

Non-compliance can result in civil penalties and even criminal charges in cases of willful violations.

⚠️ Keep I-9s well-organized, up-to-date, and available.

Can Form I-9 Be Completed in a Language Other Than English?

No. The official Form I-9 must be completed in English. However:

Employers may use a translator/preparer, who must complete and sign the translator section of the form.
Spanish versions are available only for use in Puerto Rico.

What Should Employers Do if an Employee’s Immigration Status Changes?

Employers should:

Not request a new Form I-9, unless the previous authorization has expired.
Instead, use Section 3 to reverify employment eligibility.

📝 Keep all updates tied to the original Form I-9 and document the changes clearly.

What Is an I-9 Self-Audit?

An I-9 self-audit is a proactive review by the employer to:

Identify and correct errors,
Ensure compliance, and
Prepare for a possible government inspection.

Best practices:

Conduct audits annually or semi-annually.
Document any corrections made.
Avoid discriminatory practices—review all employees equally.

✅ Consider involving legal counsel to avoid compliance risks.

Is Form I-9 Needed Every Year?

No. Form I-9 is required once per employee, at the time of hiring.

However, reverification is required when:

An employee’s work authorization expires,
Or for rehires within 3 years (if using the same I-9).

🔄 There’s no annual requirement unless you’re hiring a new employee.

Expiry Date for Form I-9

Form I-9 versions often have expiration dates, but:

Use only the current version listed on the USCIS website.
The expiration date is located at the top right of the form.
Even expired forms can be valid if DHS allows continued use.

📅 Check uscis.gov/i-9 regularly to ensure you’re using the correct version.

Is Form W-9 the Same as Form I-9?

No, Form W-9 and Form I-9 are completely different forms used for different purposes. While both may appear in onboarding workflows, they serve distinct legal and administrative functions.

Final Thoughts

Form I-9 is more than paperwork—it’s a legal requirement tied to U.S. immigration and labor law compliance. Understanding how and when to complete it, verifying documents properly, and maintaining correct records can protect your business from fines and penalties.