Form I-9

Who needs a Form I-9 and when

Every US employer must complete a Form I-9 for every employee hired after November 6, 1986, including US citizens, part-time and seasonal workers. It is required by the Immigration Reform and Control Act of 1986 and published by US Citizenship and Immigration Services (USCIS).

The deadlines:

• Section 1 (employee information and attestation): completed by the employee no later than the first day of employment. It can be completed any time after the job offer is accepted.
• Section 2 (employer review of documents): completed by the employer within three business days after the employee's first day of work for pay. If someone starts on Monday, Section 2 is due by Thursday. For jobs lasting fewer than three business days, it must be done by the first day.
• Supplement A is used when a preparer or translator helps with Section 1. Supplement B is used for reverification and rehires.

I-9 forms are not filed with the government. Employers keep them and must produce them on request during an inspection. Always use the current edition from USCIS.

Acceptable I-9 documents

The employee chooses which documents to present from the Lists of Acceptable Documents on the form:

• List A proves both identity and work authorization, for example a US passport or passport card, a Permanent Resident Card or an Employment Authorization Document with photo.
• List B proves identity only, for example a state driver's license or state ID card.
• List C proves work authorization only, for example an unrestricted Social Security card or a certified US birth certificate.

The employee presents one List A document, or one List B plus one List C. Documents must be unexpired originals. Certain receipts for lost or stolen documents are acceptable for a limited period.

The employer cannot ask for a specific document or demand more documents than required. Telling a new hire "bring your green card" or refusing a valid combination can be unfair documentary practice, a form of discrimination enforced by the Department of Justice's Immigrant and Employee Rights Section.

Physical vs remote document examination

The default rule is that the employer, or an authorized representative, physically examines the original documents with the employee present.

Since August 1, 2023, employers enrolled in E-Verify and in good standing may use a DHS-authorized alternative procedure: review copies of documents, hold a live video call where the employee shows the same documents, check the box on the form, keep copies of the documents and create an E-Verify case. If you offer the remote option at a hiring site, offer it consistently to all employees there. You may limit it to remote hires while requiring in-person review for on-site staff, but you may not pick and choose among individuals in a way that discriminates.

For multi-site and staffing employers, authorized representatives such as a notary or branch staff can complete Section 2 on your behalf, but the employer remains liable for errors.

A worked example: an internal I-9 audit

A logistics company with 1,200 employees across eight warehouses runs an internal I-9 audit before peak season. HR operations lead Brian Walsh samples 200 forms.

He finds 34 with problems: 12 missing the employee's signature date in Section 1, 9 where Section 2 was completed after the three-day deadline, 7 with document numbers missing, 4 where the employer had photocopied documents for some employees but not others, and 2 where an expired work authorization was never reverified.

Corrections follow USCIS guidance: draw a line through the error, write the correct information, initial and date it, and attach a short memo explaining late completions. Nothing is backdated. The two reverification cases are handled right away using Supplement B. He also standardizes the policy on document copies so the practice is consistent for every hire, and trains site HR on the three-day rule. A clean, consistent process is far cheaper than fines that are assessed per form.

Retention and inspections

Keep each I-9 for three years after the date of hire or one year after employment ends, whichever is later. Example: an employee is hired January 10, 2022 and leaves March 1, 2024. Three years after hire is January 10, 2025. One year after termination is March 1, 2025. The later date wins, so the form is kept until March 1, 2025. Always calculate both dates.

Immigration and Customs Enforcement (ICE) can serve a Notice of Inspection, giving employers at least three business days to produce I-9s. Civil penalties apply to paperwork violations as well as knowingly employing unauthorized workers, and amounts are adjusted for inflation each year. Many employers store I-9s separately from personnel files and in a system with an audit trail.

Common Form I-9 mistakes

• Completing Section 2 late. The three-business-day rule is the most common violation in large organizations with many hiring sites.
• Asking for documents before the offer is accepted. Do not use the I-9 as a pre-hire screen.
• Specifying documents. Let the employee choose from the lists.
• Reverifying when not required. Do not reverify US citizens, noncitizen nationals or List B identity documents, and do not reverify a Permanent Resident Card that expires.
• Inconsistent copying. If you copy documents, do it for everyone.
• Fixing errors with correction fluid or a new backdated form. Correct, initial, date and explain.

This is general information. Rules change, and state laws may add requirements, so confirm specifics with USCIS guidance or counsel. See new hire paperwork for the other forms collected at hire, and work authorization for how authorization is established.