Form I-9: Employment Eligibility Verification

Form I-9, Employment Eligibility Verification, is the federal form used to verify the identity and work authorization of every person hired to work in the United States. Under the Immigration Reform and Control Act, all U.S. employers must complete Form I-9 for each new employee, citizen or noncitizen alike, and the employee must complete their portion no later than the first day of work for pay. The employee attests to their work authorization and presents acceptable documents proving identity and employment eligibility, and the employer examines those documents and completes its section within three business days of the start date. The form is not filed with the government but must be retained and made available for inspection. Because hiring someone not authorized to work, or failing to complete I-9s properly, can result in significant civil and criminal penalties, employers must complete Form I-9 for all employees and follow the verification rules carefully for each new hire.

Form I-9 accepts documents from three lists that establish identity and work authorization, and the employee chooses which to present. List A documents establish both identity and employment authorization on their own, such as a U.S. passport, a Permanent Resident Card, or certain employment authorization documents. When the employee does not present a List A document, they provide one document from List B, which establishes identity, such as a driver's license or state ID, together with one document from List C, which establishes work authorization, such as a Social Security card or birth certificate. The employer must accept any valid document or combination the employee chooses from the lists and cannot demand specific documents, which would be discriminatory. The employer examines the originals to confirm they reasonably appear genuine and relate to the employee. Because requiring particular documents or rejecting valid ones can violate anti-discrimination rules, employers must let employees choose from the acceptable lists when completing Form I-9.

Form I-9 must be completed within tight deadlines tied to the employee's start date. The employee completes and signs Section 1, attesting to their work authorization, no later than their first day of work for pay. The employer must complete its verification section, after examining the employee's documents, within three business days of the first day of work. If a job lasts fewer than three days, the I-9 must be completed by the first day. Employers must reverify work authorization for certain employees whose authorization has an expiration date, using the appropriate section before the document expires, though they do not reverify U.S. citizens or many permanent residents. Because completing the form late or not at all can lead to penalties during an inspection, employers should build the I-9 process into onboarding so each new hire's form is finished on time. Meeting the first-day and three-day deadlines is essential to comply with the verification requirements.

Employers must retain each employee's Form I-9 for a specific period after employment ends, separate from the regular personnel file. The retention rule requires keeping the I-9 for the later of three years after the date of hire or one year after the date employment ends. For a long-tenured employee, this usually means one year after termination controls; for a short-tenured employee, three years after hire controls. Because the form contains sensitive information and may be inspected by federal agencies such as Immigration and Customs Enforcement, the Department of Labor, or the Department of Justice, many employers store I-9s separately from other records and purge them once the retention period passes. Forms must be available for inspection on short notice. Because failing to produce required I-9s or retaining incomplete ones can result in penalties, employers should track retention dates and keep completed forms organized and accessible for the required period while properly disposing of them afterward.

Form I-9 is not the same as E-Verify, though the two are related parts of confirming work eligibility. Form I-9 is a paper or electronic form every employer must complete to document that it verified each new employee's identity and work authorization by examining acceptable documents. E-Verify is a separate, internet-based government system that electronically compares the information from an employee's Form I-9 against records held by the Social Security Administration and the Department of Homeland Security to confirm work eligibility. Completing Form I-9 is mandatory for all employers nationwide, while using E-Verify is voluntary for most employers, though some states and federal contractors are required to enroll. An employer that uses E-Verify still must complete the I-9 first, since E-Verify draws on the I-9 data. Because the two work together but have different requirements, employers should complete Form I-9 for every hire and use E-Verify only as required or chosen, following the rules for each.