I-9 Form (Employment Eligibility)
The I-9 form, officially titled Employment Eligibility Verification, is a federal document that every US employer must complete for each employee hired after November 6, 1986. The form verifies an employee's identity and authorization to work in the United States, and both the employer and employee face penalties for non-compliance.
The I-9 Verification Process
The I-9 process involves two sections completed at specific times during the hiring process:
Section 1 — Employee Information: The employee must complete Section 1 no later than the first day of employment (not the first day of orientation, but the first day of work for pay). The employee provides their full legal name, address, date of birth, Social Security number (required only if the employer uses E-Verify), and attests to their citizenship or immigration status.
Section 2 — Employer Review: The employer must examine the employee's original identity and work authorization documents and complete Section 2 within three business days of the employee's first day of employment. The employer physically examines the documents, records the document titles, issuing authorities, document numbers, and expiration dates, and then signs under penalty of perjury that the documents appear genuine and relate to the employee.
Employers must accept any document or combination of documents from the Lists of Acceptable Documents (Lists A, B, and C on the I-9 form). List A documents establish both identity and work authorization simultaneously. List B documents establish identity only. List C documents establish work authorization only. An employee can present one List A document OR one List B plus one List C document.
Lists of Acceptable Documents
List A — Documents Establishing Identity and Employment Authorization:
List B — Documents Establishing Identity Only:
List C — Documents Establishing Employment Authorization Only:
Critically, employers cannot specify which documents an employee must present. Demanding a specific document (such as insisting on a Green Card from a non-citizen) constitutes document abuse, a form of national origin discrimination.
Storage, Retention, and Reverification
Storage: Employers must retain completed I-9 forms for all current employees. Forms can be stored on paper, microfilm, microfiche, or electronically, provided the storage system allows for inspection by authorized government officials.
Retention Period: After an employee's termination, the employer must retain the I-9 form for the later of: (a) three years after the date of hire, or (b) one year after the date of termination. For example, an employee hired on January 1, 2022 and terminated on June 1, 2023 — three years from hire is January 1, 2025, and one year from termination is June 1, 2024. The employer retains the form until January 1, 2025 (the later date).
Reverification: When an employee's work authorization expires, the employer must reverify their employment eligibility by completing Section 3 of the I-9 before the expiration date. Employers should not reverify US citizens or permanent residents, as their work authorization does not expire. Setting up calendar reminders or using HR software to track expiration dates prevents lapses in compliance.
Penalties for I-9 Violations
I-9 penalties have increased significantly in recent years, and both employers and employees face consequences:
Civil Penalties for Paperwork Violations:
Penalties for Knowingly Hiring or Continuing to Employ Unauthorized Workers:
Document Fraud: Penalties of $556 to $5,579 per individual for the first offense, with higher penalties for subsequent offenses.
ICE conducts I-9 audits (sometimes called "silent raids") where employers receive a Notice of Inspection and must produce all I-9 forms within three business days. Even minor, technical errors — such as a missing middle initial or unsigned form — can result in fines.
Frequently Asked Questions
When must an I-9 be completed?
Section 1 must be completed by the employee on or before their first day of employment. Section 2 must be completed by the employer within three business days of the employee's start date. For employees hired for fewer than three days, both sections must be completed by the first day of work.
Can I-9 forms be completed electronically?
Yes. Employers can use electronic I-9 systems as long as the system meets specific regulatory requirements: it must include audit trails, allow document reproduction, prevent unauthorized access, and enable government inspection. The system must also include a method for employees and employers to electronically sign the form.
Do I need to make copies of employee documents?
No — making copies is optional under federal law, not required. However, if you choose to copy documents, you must do so consistently for all employees to avoid discrimination claims. If you use E-Verify, you must retain copies of certain documents. Some states may have additional requirements.
What is E-Verify and is it required?
E-Verify is a free, internet-based system that compares I-9 information against government records to confirm employment eligibility. It is required for federal contractors and in certain states (such as Arizona, Mississippi, Alabama, and South Carolina for all employers). Other states require it only for public employers or larger businesses.
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