Form I-9, Employment Eligibility Verification, is a mandatory federal form administered by U.S. Citizenship and Immigration Services (USCIS) that verifies the identity and employment authorization of every person hired for employment in the United States. Required under the Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. Section 1324a, every employer in the United States must complete Form I-9 for each individual they hire, regardless of citizenship status or national origin.

The form consists of three sections. Section 1 is completed by the employee on or before their first day of employment and includes their legal name, address, date of birth, citizenship or immigration status, and attestation under penalty of perjury. Section 2 is completed by the employer within three business days of the employee's start date and requires the employer to physically examine original documents that establish the employee's identity and work authorization. Section 3 is used for reverification when an employee's work authorization expires or when an employee is rehired within three years.

Employers must retain Form I-9 for the later of three years after the hire date or one year after the employment relationship ends. The form is not filed with USCIS but must be available for inspection by authorized government officers from the Department of Homeland Security (DHS), Department of Labor (DOL), or Department of Justice (DOJ). Some employers participate in the E-Verify program, which electronically confirms employment eligibility against DHS and Social Security Administration databases.

Form I-9 must be completed for every new hire in the United States, without exception. This includes U.S. citizens, permanent residents, and authorized foreign workers. The employee must complete Section 1 no later than the first day of employment (though not before accepting a job offer, to avoid discrimination claims). The employer must examine acceptable documents and complete Section 2 within three business days of the start date.

Additional scenarios requiring I-9 action include rehiring a former employee after a break in employment (the employer may use a new I-9 or Section 3 of the existing form if the original I-9 is no more than three years old), reverifying an employee whose work authorization has an expiration date (employers must reverify before the authorization expires using Section 3), and conducting a merger or acquisition where employees are considered new hires by the successor employer.

Failing to properly complete, retain, or make Form I-9 available for inspection carries significant penalties. Under 8 U.S.C. Section 1324a(e)(4), civil penalties range from $272 to $2,701 per violation for first-offense substantive or uncorrected technical errors, and up to $27,018 per violation for knowingly hiring or continuing to employ unauthorized workers. Criminal penalties can include fines and imprisonment for pattern or practice violations.

Section 1 requires the employee's full legal name, other last names used (maiden name, aliases), address, date of birth, and Social Security Number (which is mandatory if the employer uses E-Verify). The employee must attest to their citizenship or immigration status by selecting one of four categories: U.S. citizen, noncitizen national, lawful permanent resident (providing Alien/USCIS Number), or alien authorized to work (providing work authorization expiration date and applicable document numbers).

Section 2 requires the employer to examine original documents from the Lists of Acceptable Documents. List A documents (establishing both identity and employment authorization) include a U.S. passport, Permanent Resident Card (Form I-551), or Employment Authorization Document (Form I-766). Alternatively, the employee may present one document from List B (identity only, such as a driver's license or state ID) plus one from List C (employment authorization only, such as a Social Security card or birth certificate). Employers cannot specify which documents an employee must present — doing so constitutes unfair documentary practices under 8 U.S.C. Section 1324b.

The employer must record document title, issuing authority, document number, and expiration date, then sign the certification under penalty of perjury. Section 3 is used for reverification of expiring work authorization or rehire scenarios and requires the employer to examine new documentation and update the form accordingly. Employers should avoid common errors such as backdating the form, accepting expired documents, making photocopies of documents only for some employees (which can indicate discrimination), or failing to re-verify when required. Proper training on I-9 compliance is essential for all personnel involved in the hiring process.