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🇺🇸 United States

I-9 Employment Eligibility

Work Authorization Verification

Medium ~15 min EmploymentImmigrationVerification

/ What is this form?

Form I-9, Employment Eligibility Verification, is the federal form required by the Immigration Reform and Control Act (IRCA) of 1986 to verify the identity and legal authorization to work of every person hired in the United States — citizens and non-citizens alike. Approximately 60–70 million I-9s are completed each year, making it one of the most-filled government forms in existence.

The form has two main sections: Section 1 is completed by the employee on or before their first day of work, and Section 2 is completed by the employer within 3 business days of the start date. Critically, employers must physically examine original documents — copies and photos are not acceptable for verification purposes, though some remote examination procedures were authorized following the COVID-19 pandemic.

The I-9 includes a 'List of Acceptable Documents' categorized as List A (documents that establish both identity and employment authorization), List B (identity only), and List C (employment authorization only). Employees must present either one List A document, or one document from each of List B and List C. Employers who require specific documents beyond what the employee chooses face discrimination liability.

/ Who needs this form?

  • Every employer in the United States must complete an I-9 for every new hire, including US citizens and permanent residents
  • New employees starting any paid position — full-time, part-time, or temporary
  • Rehired employees if their previous I-9 is no longer valid or was not retained
  • Employees whose work authorization or identity documents have expired (re-verification)
  • Agricultural employers, staffing agencies, and federal contractors all have the same obligation

/ What you need before you start

One document from List A (US passport, Permanent Resident Card, Employment Authorization Document) OR
One document from List B (driver's license, state ID) AND one from List C (Social Security card, birth certificate)
All documents must be original and unexpired — photocopies are not accepted
Social Security Number (required for E-Verify employers, optional otherwise)
For aliens authorized to work: Alien Registration Number, Form I-94 number, or foreign passport with visa information

/ Step-by-step guide

1 Employee Completes Section 1 (Day 1)
The employee fills in their full legal name, address, date of birth, Social Security Number (if applicable), email, and phone number. They then attest to their citizenship or immigration status by checking one of four boxes: US citizen, noncitizen national, lawful permanent resident, or alien authorized to work.
2 Employee Signs the Attestation
The employee signs and dates Section 1, certifying under penalty of perjury that the information is correct. If the employee used a preparer or translator to help, that person must also complete the preparer/translator certification block.
3 Employee Presents Documents (Within 3 Business Days)
The employee presents original, unexpired documents from the List of Acceptable Documents. A List A document (passport, passport card, Employment Authorization Document) verifies both identity and work authorization. Alternatively, one document from List B (identity) plus one from List C (work authorization) together satisfy the requirement.
4 Employer Completes Section 2
Within 3 business days of the first day of employment, the employer or authorized representative physically examines the documents, enters the document information in Section 2, and signs the attestation. Employers may NOT specify which documents the employee must present — employees choose from the acceptable list.
5 Retain and Re-verify as Required
Employers must retain I-9 forms for 3 years after hire OR 1 year after employment ends, whichever is later. If an employee presented a document with an expiration date, the employer must re-verify when it expires. Store completed I-9s separately from personnel files.

/ Key fields explained

Field What to enter Common mistake
Section 1 – Citizenship/Immigration Status Check exactly one box: US citizen, Noncitizen national of the US, Lawful Permanent Resident (enter A-Number), or Alien authorized to work (enter authorization document number and expiration date) Lawful permanent residents entering their passport number instead of their Alien Registration Number (A-Number, which begins with 'A' followed by 8 or 9 digits).
Section 2 – Document Title The employer enters the exact document title as it appears on the List of Acceptable Documents, e.g. 'U.S. Passport' or 'Permanent Resident Card' Employers abbreviating document names or entering informal descriptions instead of the official document title.
Section 2 – Document Number Enter the document number exactly as it appears on the document, including any letters or leading zeros Omitting leading zeros or letters from document numbers, which causes E-Verify mismatches.
Section 2 – Expiration Date The expiration date printed on the document in MM/DD/YYYY format. Enter N/A for documents that do not expire. Leaving the expiration date blank for documents that have one, making it impossible to know when re-verification is needed.

/ Common mistakes to avoid

Employers requiring specific documents (e.g. 'we need your passport') instead of letting employees choose from the acceptable list — this is a civil rights violation.
Completing Section 2 before the employee's first day of work — it must be completed within 3 business days, not before Day 1.
Accepting expired documents — all documents must be current and unexpired at the time of examination.
Not re-verifying work authorization documents before they expire — fines apply even for good-faith paperwork errors.
Storing I-9 forms inside the regular personnel file — they must be stored separately because they may not be reviewed during certain HR processes.
Using outdated versions of the I-9 — USCIS updates the form periodically and older versions may not be accepted during audits.

/ Frequently asked questions

Do US citizens need to complete an I-9?

Yes. Every employee, including US citizens and permanent residents, must complete Section 1 of the I-9 on or before their first day of work. The form applies to all new hires regardless of citizenship status.

Can an employer photocopy documents instead of examining originals?

No. Employers must physically examine original, unexpired documents. Photocopies may optionally be retained alongside the I-9 but do not substitute for physical examination. Remote examination options were added post-COVID — check USCIS.gov for current authorized procedures.

What is E-Verify and is it required?

E-Verify is an internet-based system that compares I-9 information against DHS and SSA records. It is mandatory for federal contractors and all employers in some states. It is voluntary for most private employers.

How long must employers retain I-9 forms?

3 years from the hire date OR 1 year after employment ends — whichever is later. I-9s must be produced within 3 business days of an ICE audit request.

What if an employee's work authorization expires after hire?

The employer must re-verify the employee's work authorization before the expiration date. The employee presents a new acceptable document and the employer completes Section 3. Failing to re-verify can result in the same fines as never completing the I-9.