What is Form I-9?
Form I-9, Employment Eligibility Verification, is required by law under the Immigration Reform and Control Act (IRCA). Every U.S. employer must complete an I-9 for every employee hired after November 6, 1986, to verify the employee's identity and legal authorization to work in the United States.
Who Needs to Complete Form I-9?
- All employers in the United States, regardless of size
- All new employees (both citizens and non-citizens) hired after the law's effective date
- Employers are not required to complete I-9 for employees hired before November 7, 1986, independent contractors, or employees providing services outside the U.S.
The Two Sections of Form I-9
Section 1, Employee Information (completed by the employee on or before their first day of work)
- Full legal name
- Address
- Date of birth
- Social Security Number (voluntary unless employer uses E-Verify)
- Citizenship or immigration status
- Employee signature and date
Section 2, Employer Review and Verification (completed by employer within 3 business days of hire)
- List A documents (establish both identity and employment authorization), OR
- List B documents (establish identity) AND List C documents (establish employment authorization)
- Employer or authorized representative signature, date, and business information
Acceptable Documents
List A (identity + work authorization):
- U.S. Passport or Passport Card
- Permanent Resident Card (Green Card)
- Employment Authorization Document (EAD)
List B (identity only):
- State driver's license
- Federal, state, or local government ID card
- School ID with photo
List C (work authorization only):
- Social Security card
- Birth certificate
- U.S. citizen ID card
Retention Requirements
Employers must retain I-9 forms for whichever is later: 3 years after the date of hire or 1 year after the date employment ends.
Penalties
Failure to properly complete I-9 forms can result in civil penalties ranging from $272 to $2,701 per violation for first-time paperwork violations, and higher for knowingly hiring unauthorized workers.
Frequently Asked Questions
Can I-9 be completed electronically?
Yes, employers may use electronic I-9 systems as long as they meet DHS standards for electronic records.
Does I-9 need to be re-done when an employee changes jobs within the same company?
No, if the employee remains continuously employed by the same employer.
What is E-Verify?
E-Verify is an internet-based system that compares I-9 information to government records. It's mandatory for federal contractors and some state employers.