I-9 Form (Employment Eligibility)

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.

List A — Documents Establishing Identity and Employment Authorization:

• US Passport or US Passport Card
• Permanent Resident Card (Green Card)
• Foreign passport with a temporary I-551 stamp
• Employment Authorization Document (EAD/Form I-766)
• Foreign passport with Form I-94 bearing an endorsement of the alien's status

List B — Documents Establishing Identity Only:

• Driver's license or state-issued ID card
• ID card issued by federal, state, or local government
• School ID card with photograph
• Voter registration card
• US military card or draft record
• Military dependent's ID card

List C — Documents Establishing Employment Authorization Only:

• Social Security card (unrestricted)
• Birth certificate issued by a state, county, or municipal authority
• US Citizen ID Card
• Native American tribal document
• Employment authorization document issued by DHS

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: 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.

I-9 penalties have increased significantly in recent years, and both employers and employees face consequences:

Civil Penalties for Paperwork Violations:

• First offense: $281 to $2,789 per form
• Second offense: $2,789 to $6,972 per form
• Third and subsequent offenses: $6,972 to $11,162 per form

Penalties for Knowingly Hiring or Continuing to Employ Unauthorized Workers:

• First offense: $698 to $5,579 per unauthorized employee
• Second offense: $5,579 to $13,946 per unauthorized employee
• Third and subsequent offenses: $8,369 to $27,894 per unauthorized employee

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.