Form I-9 is the mandatory Employment Eligibility Verification employers in the United States must complete for each individual they hire to confirm identity and employment authorization under federal law and to help employers document lawful hiring practices consistently and securely.
This guide explains who must complete the form, how Employees and Employers fill each section, acceptable documents, retention rules, and penalties for noncompliance so employers can follow correct procedures and avoid fines or legal risk effectively.
1. Overview of Form I-9 and Who Must Complete It
Form I-9, officially titled Employment Eligibility Verification, is required for every person hired to perform labor or services in exchange for wages in the United States after November 6, 1986.
The requirement applies to Citizens and noncitizens alike, with limited exemptions such as individuals hired before November 6, 1986; casual domestic workers with sporadic work; Independent Contractors; and persons not physically working in the United States.
2. Section 1: Employee Information and Attestation
The Employee must complete and sign Section 1 no later than the first day of employment.
The Employee provides full legal name, address, date of birth, and Social Security Number if applicable, and must attest to employment authorization by choosing the correct status box.
If the Employee uses a Preparer or Translator, that person must complete and sign the Preparer and/or Translator Certification in the Supplement.
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3. Section 2: Employer Review and Attestation
The Employer or an Authorized Representative must complete Section 2 within three business days of the Employee's first day of work.
The Employer physically examines original documents the Employee presents that establish identity and employment authorization and ensures they are on the Lists of Acceptable Documents and reasonably appear genuine and relate to the Employee.
After review, the Employer records document title, issuing authority, and expiration date if any, then signs and dates Section 2.
4. Acceptable Documents and Document Inspection
Form I-9 includes Lists A, B, and C of acceptable documents.
An Employee may present one List A document that establishes both identity and employment authorization or a combination of one List B identity document and one List C employment authorization document.
The Employer's responsibility is to examine the original documents in the Employee's presence, confirm they appear genuine and relate to the Employee, and accurately record the details on the form.
5. Reverification and Rehire Using Supplement B
Supplement B covers reverification and rehire scenarios that require additional action by the Employer.
If an Employee's work authorization expires, the Employer must reverify employment eligibility on or before the expiration date and record the new document information on the form or Supplement B as appropriate.
For rehired Employees, Employers must determine whether a new Form I-9 is required or whether reverification is sufficient based on timing and documentation.
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6. Retention, Storage, and Access for Form I-9
Employers must retain each completed Form I-9 for three years after the date of hire or for one year after employment ends, whichever is later.
Forms may be stored on paper, microfilm, microfiche, or electronically, provided they remain available for official inspection.
| Retention Rule | When to Retain |
|---|---|
| Minimum retention | Three years after date of hire |
| When employment ends later | One year after employment ends if that date is later than three years after hire |
7. Penalties for Non Compliance
Failure to comply with Form I-9 requirements can lead to civil fines, criminal penalties, and other sanctions such as debarment from government contracts.
Civil fines for hiring or continuing to employ unauthorized workers can range from about $250 to $5,500 per unauthorized worker depending on the violation and number of offenses.
Individuals who knowingly accept fraudulent documentation may also face criminal prosecution, and employers should take care to follow the rules diligently.
8. Best Practices For Employers To Remain Compliant
Train Human Resources staff and any Authorized Representatives on proper I-9 completion, timing, and document inspection standards.
Designate an Authorized Representative to complete Section 2 if necessary, but remember the Employer remains responsible for any violations by that representative.
Complete Section 2 timely within three business days, avoid discriminatory document practices, and use the Handbook for Employers M-274 as a primary reference for correct procedures.
9. How To Use Official Resources
When questions arise, consult official USCIS and Department of Justice guidance for authoritative instructions and examples.
- USCIS Form I-9 Central
- Handbook for Employers M-274
- Department of Justice Civil Rights Division: Form I-9 and E-Verify
- USCIS Employment Eligibility Verification
- Instructions for Form I-9
Form I-9 Employment Eligibility Verification: Conclusion
Accurate completion of Form I-9 protects Employees and Employers by documenting lawful hiring and reducing exposure to fines and legal risk.
Follow the timing rules, inspect original documents carefully, retain Forms according to the retention schedule, and use official USCIS resources to resolve questions and maintain compliance.
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