When recruiting new staff as a US-based employer, Form I-9 plays an important part in the onboarding process, ensuring that all new recruits are who they say they are and are legally entitled to undertake gainful employment in the United States.

The following guide for US employers looks at the process of verifying employment eligibility using Form I-9, from what this is to the common errors to avoid.

 

What is Form I-9?

 

When starting employment in the United States, each new employee will be required to complete Form I-9, Employment Eligibility Verification, in conjunction with either their employer or an authorized representative who is acting on behalf of the employer.

Form I‑9 is the federal instrument every U.S. employer must use to prove that each hire is both who they claim to be and authorised to work. Since 1 August 2023, employers in good standing with E‑Verify may choose between two document‑inspection models: the long‑standing physical review and a DHS‑authorised remote (“alternative”) procedure.

The latest version of Form I-9, together with the special instructions on how to use and download this version, can be found on the website for US Citizenship and Immigration Services (USCIS). USCIS is the federal agency that forms part of the US Department of Homeland Security (DHS) and is responsible for administering Form I-9.

The current form is Edition 01/20/25 (expiry 05/31/2027). Earlier 08/01/23 editions (exp. 05/31/2027 or 07/31/2026) remain valid until they expire.

 

What is the purpose of an I-9 form?

 

Form I-9 is the paperwork that must be completed to enable US employers to verify the identity and the employment authorization of anyone recruited, and to meet the mandatory legal requirements to verify a person’s right to work prior to hiring them.

As an employer, you may be subject to significant civil money penalties under federal law for failing to comply with the strict requirements for completing Form I-9. You will also be liable for financial penalties for any violations in connection with the form or verification process that may be committed by any authorized representative acting on your behalf.

Employment is often the magnet that attracts migrants to live in the US unlawfully, where the requirement on employers to recruit only individuals who may legally undertake work, plus the sanctions imposed for any violation of this, are designed to remove this magnet.

 

Who fills out an i-9 form?

 

Form I‑9 must be completed jointly by the employee and the employer (or an authorized representative acting on the employer’s behalf) as part of the legal requirement to verify identity and employment authorization.

 

Section 1 – Employee Information and Attestation

 

The employee is responsible for completing, signing, and dating Section 1 of the form no later than their first day of paid employment. However, this section must not be completed before the employee has accepted a job offer. The employee must attest to their citizenship or immigration status and provide identifying information such as full name, address, date of birth, and Social Security number (if applicable). If a preparer or translator assists the employee, Supplement A must also be completed.

 

Section 2 – Employer Review and Verification

 

The employer, or an authorized representative designated by the employer, must complete Section 2 within three business days of the employee’s first day of work for pay. This involves reviewing the employee’s original, unexpired documents that establish identity and work authorization. The employer must determine whether the documents reasonably appear to be genuine and relate to the employee. The employer must then record the document details and complete the certification section.

Employers may review documents in person, or if they are enrolled in E-Verify and in good standing, they may use the DHS-authorized alternative procedure for remote document examination. This involves reviewing document copies, conducting a live video interaction with the employee, and retaining copies of the documents with the completed Form I-9.

Both parties must ensure the form is completed accurately and within the prescribed deadlines to remain compliant with federal law.

 

Is Form I 9 required for all employees?

 

All US employers are legally required to ensure that Form I‑9, Employment Eligibility Verification, is properly completed for every individual they hire for work in the United States, regardless of the person’s citizenship or immigration status. This includes both U.S. citizens and noncitizens. Form I‑9 must be completed for anyone hired to perform labor or services in exchange for wages or other remuneration, including non-cash compensation such as housing or meals.

You have to complete a new Form I‑9 each time you hire a new employee, even if they previously worked for your organization. The only exceptions are certain rehires (within three years) where the original Form I‑9 may be reused in accordance with USCIS rules, and individuals who are not considered “employees” under federal law, such as independent contractors, volunteers, or casual domestic workers employed in a private home.

 

When are employees required to complete the I-9 form?

 

An employee must complete Section 1 of Form I‑9 on or before the first calendar day for which they will receive wages or other remuneration—that is, no later than their first day of paid work. USCIS rules also make clear that the form cannot be filled out before the employer has extended an offer and the employee has accepted it; completion is therefore permitted any time after acceptance but must be finished by the first working day.

 

How to use Form I-9 for employment verification

 

The physical inspection model remains the default, but since August 2023 the DHS alternative procedure offers a compliant remote path for E‑Verify employers. Whichever route you adopt, ensure forms are timely, accurate, and stored correctly; the civil‑penalty stakes in 2025 are higher than ever.

 

Physical document inspection (traditional method)

 

Under the long‑standing face‑to‑face process, each new hire must complete Section 1 of Form I‑9 on or before their first calendar day of paid work, but only after accepting the offer of employment. Within three business days of that start date the employer, or an authorised agent acting on the employer’s behalf, must examine the employee’s original, unexpired identity‑and‑work‑authorisation documents while the worker is physically present and then complete Section 2.

The employee may show either a single List A document, which proves both identity and permission to work, or a combination of one List B document for identity and one List C document for employment authorisation; each document must appear genuine and clearly relate to the individual presenting it. Once Section 2 is finished, the employer is required to retain the I‑9—on paper or in a compliant electronic system—for at least three years after the date of hire or one year after employment ends, whichever date is later, and to store any copies of documents the employer chose to make with the form. If US Immigration and Customs Enforcement or another authorized agency issues a notice of inspection, the employer must be able to produce the requested I‑9s within three business days.

Failure to follow these rules can be costly: for 2025, civil penalties for paperwork errors range from roughly $288 to $2,861 per employee, while knowingly hiring or continuing to employ an unauthorised worker can attract fines of about $716 to $5,724 for a first offence, with higher amounts for repeat violations.

 

Remote document inspection (DHS “alternative procedure”)

 

Since 1 August 2023, employers that participate in E‑Verify and remain in good standing may choose a Department of Homeland Security–authorized alternative procedure that allows them to verify documents without an in‑person meeting. To use this option, a company must apply it consistently—either to all new hires at the covered hiring sites or solely to employees who work entirely remotely—so that no distinction is drawn on the basis of citizenship or national origin.

The employee first provides legible copies of their chosen List A document or their List B and List C combination (front and back if the document is two‑sided). Within the same three‑business‑day deadline that governs physical inspection, the employer conducts a live video interaction during which the employee presents the very same originals, enabling the employer to compare the documents seen on screen with the copies already received.

The employer then completes Section 2, ticking the “alternative procedure” box on the current 08/01/23 or 01/20/25 edition of Form I‑9—or writing “Alternative Procedure” in Section 2 if still using a prior yet‑valid edition—and stores the copies of the documents with the form for the statutory retention period. Deadlines for Section 1 and Section 2 mirror those for the traditional process, and any reverification or rehire within three years is handled in Supplement B, where the same remote steps may again be followed provided the employer’s E‑Verify participation remains active. Should the Department of Homeland Security or Immigration and Customs Enforcement initiate an audit, the employer must supply both the I‑9 and the retained document copies upon request.

 

Where do you submit I-9 form?

 

Once Form I-9 has been completed and signed by both the employer and employee, this does not need to be filed with USCIS. Instead, employers must retain Form I-9 for a designated period and make this readily available for inspection by authorized government officials, where requested in the context of a Form I-9 audit or otherwise.

To comply with the filing requirements for Form I-9, employers must ensure that:

 

• they have a completed Form I-9 on file for each individual who is currently on their payroll who is required to complete the form
• they retain and store each Form I-9 for 3 years after the date that the employee was hired or, alternatively, for one year after employment is terminated, whichever is later
• they make their forms available for inspection if requested by any authorized US government officers from either the DHS, Department of Labor or Department of Justice.

 

Clarify that a DHS‑authorized Alternative Procedure lets qualified E‑Verify employers examine documents by live video if they are enrolled and in good standing, and retain front‑and‑back copies of documents, and complete a live video interaction, and tick the “alternative procedure” box on the 08/01/23 or 01/20/25 form.

 

How to fill out an I-9 form

 

Form I-9 is completed in two stages: first by the employee and followed by the employer.

On Form I-9, an employee must provide their personal information and attest to their employment authorization. They must also present their employer with acceptable documentation as evidence of their identity and legal entitlement to work in the US.

The employer must carefully examine the employee’s documentation to determine whether it relates to the employee in question and reasonably appears to be genuine, and then record the document information on the employee’s Form I-9.

 

Step 1: Employee Completes Section 1 – No Later Than First Day of Work

 

The employee must complete Section 1 (Employee Information and Attestation) on or before their first day of paid work, but not before accepting the job offer. In this section, the employee must:

 

• Enter their full legal name, address, date of birth, and other contact information.
• Provide their Social Security number (mandatory if the employer uses E‑Verify).
• Select their citizenship or immigration status from the options provided.
• If applicable, enter an Alien Registration Number, USCIS Number, or Form I‑94 Admission Number.
• Sign and date the form to attest that the information is accurate.

 

If someone helps the employee complete Section 1 (e.g., due to language or literacy issues), that preparer or translator must also complete and sign Supplement A.

 

Step 2: Employer Completes Section 2 – Within 3 Business Days of Start Date

 

The employer or authorized representative must complete Section 2 (Employer Review and Verification) no later than three business days after the employee’s first day of paid employment. The employer must:

 

• Review original, unexpired documents presented by the employee from:
• List A (proves identity and employment authorization), or
• One document from List B (identity only) and one from List C (work authorization).
• Ensure the documents reasonably appear to be genuine and relate to the person presenting them.

 

Record the following details for each document reviewed:

 

• Document title
• Issuing authority
• Document number (if any)
• Expiration date (if any)
• Enter the employee’s start date in the space provided.
• Enter the employer’s business name, address, and complete certification, including the name and title of the person completing Section 2.
• Sign and date Section 2 to confirm that the documents were reviewed and the employee appears authorized to work.

 

Optional: DHS Alternative Procedure for Remote Document Review

 

Employers enrolled in E‑Verify and in good standing may choose to use the DHS-authorized alternative procedure for remote inspection. If using this option:

 

• The employee must send legible copies of their documents.
• The employer must conduct a live video interaction to inspect the same documents.
• The employer must check the “alternative procedure” box (available on the 08/01/23 and newer editions of Form I‑9).
• The employer must retain copies of the reviewed documents with the completed form.

 

Step 3: Reverification or Rehire (if needed)

 

If an employee’s work authorization expires or the employee is rehired within 3 years of completing the original Form I‑9, the employer must complete Supplement B (Reverification and Rehire) instead of starting a new form, unless the original is no longer valid.

 

Filing and Retention

 

Form I‑9 does not get submitted to USCIS. The employer must retain the completed form for 3 years after the date of hire, or for 1 year after employment ends, whichever is later.

Employers must also make the forms available for inspection by DHS, ICE, or the Department of Labor upon request, typically within 3 business days.

 

What does an i-9 form specifically ask you to provide?

 

Form I-9 Section	Who Completes	What Is Required
Section 1: Employee Information and Attestation	Employee	Full legal name Other names used (if any) Home address Date of birth U.S. Social Security number (mandatory if employer uses E-Verify) Email address and telephone number (optional) Citizenship or immigration status (must select one of four options) Alien Registration Number/USCIS Number or I-94 (if applicable) Signature and date Supplement A – Preparer/Translator Certification (if applicable)
Section 2: Employer Review and Verification	Employer or Authorized Representative	Review of original, unexpired documents from: One List A document or One List B document and one List C document Record the following for each document: Document title Issuing authority Document number Expiration date (if applicable) Employee’s first day of paid work Employer’s name, title, business name, and address Signature and date Check “alternative procedure” box if using DHS remote option
Supplement B: Reverification and Rehire	Employer	Used for reverification of expired authorization or rehire within 3 years Updated document information Rehire date (if applicable) Employer’s signature and date

 

 

How is Section 1 of Form I-9 completed?

 

Section 1 of Form I-9 makes provision for the necessary employee information and attestation. Under this section, the employee will be required to provide their full name, residential address, date of birth, email address and telephone number. They should also provide their US social security number, where available.

Having provided this information, the employee must check the applicable tick box to attest to their citizenship or immigration status, before signing a declaration that the information is true and correct. If a preparer and/or translator assists the employee in completing Section 1, that person must complete the appropriate certification on page 3 of Form I-9.

Section 1 has to be completed no later than first calendar day of paid work; Section 2 within three business days of the start date. Remote exam has the same deadline.

 

How is Section 2 of Form I-9 completed?

 

Once “Section 1. Employee Information and Attestation” of Form I-9 has been completed by the employee, and having reviewed Section 1 to ensure that the employee has completed this properly, the employer must complete “Section 2. Employer Review and Verification”.

To complete Section 2, you or your authorized representative will first need to examine original, acceptable and unexpired documentation, or an acceptable receipt, to determine if this reasonably appears to be genuine and relates to the employee presenting it. In general, the employee’s documentation must be reviewed in their physical presence. However, if you participate in the E-Verify confirmation system, you may be eligible to remotely examine employee documentation under the alternative procedure authorized by the DHS.

Having examined the relevant documentation, either physically or remotely, you will then need to record key details relating to the document(s) examined, including:

 

• the document title
• the issuing authority
• the document number (if any)
• the document expiration date (if any).

 

The employer or authorized representative must provide their name and title, the employer’s business or organization name, together with the business/organization address in the relevant boxes of Section 2. The employer must also sign a declaration stating that they attest that they have examined the documentation presented by the employee, that the documentation appears to be genuine and to relate to the employee named and, to the best of their knowledge, the employee is authorized to work in the United States.

 

Who can be an authorized representative for section 2 of the form I-9?

 

An authorized representative for Section 2 of Form I‑9 can be any person the employer designates to complete and sign the form on their behalf. This includes reviewing the employee’s original documents and completing the employer’s attestation section.

There are no restrictions under federal law on who may serve as an authorized representative. Options include:

• Another employee of the company (e.g. HR staff)
• A notary public (where permitted)
• An independent contractor or third-party agent
• A remote agent such as a parent company employee or onboarding service

 

The authorized representative does not need to have any specific qualifications or be affiliated with the employer in a formal capacity.
However, the employer is legally liable for any errors, omissions, or violations committed by the representative during the I‑9 process.

If using a notary public, they are not acting as a notary for I‑9 purposes—no seal or notarization is required. Their role is simply to act as the employer’s representative.

The representative must physically examine the employee’s original, unexpired documents (unless the employer is using the DHS-authorized remote procedure via E-Verify).

Employers should provide written instructions or training to any authorized representative they appoint, especially when using someone outside the organization, to reduce the risk of non-compliance.

 

What are acceptable documents for Form I-9 purposes?

 

To complete Form I‑9, employees must present documentation to establish both their identity and their authorization to work in the United States. The official Lists of Acceptable Documents appear on page 2 of Form I‑9. An employee must provide either:

 

• One document from List A, which establishes both identity and employment authorization, or
• One document from List B (identity only) and one document from List C (employment authorization only).

 

All documents that have an expiration date must be unexpired at the time they are presented. However, certain documents may be automatically extended by the issuing authority; in those cases, the extension should be honored in line with USCIS guidance.

 

List A – Documents That Establish Both Identity and Employment Authorization

 

Documents from List A include, but are not limited to:

 

• A valid U.S. passport or passport card
• A Permanent Resident Card (Form I‑551), commonly known as a Green Card
• A foreign passport containing a valid temporary I‑551 stamp or printed notation on a machine‑readable immigrant visa
• An Employment Authorization Document (EAD) that includes a photograph (Form I‑766)

 

Some List A entries require a combination of documents to be valid. For example, a foreign national temporarily authorized to work may need to present:

 

• A foreign passport, and
• A Form I‑94 (Arrival/Departure Record) indicating the individual’s status and authorizing employment with a specific employer

 

 

List B – Documents That Establish Identity Only

 

Acceptable List B documents may include astate-issued driver’s license or ID card issued by a federal, state, or local government agency or entity, provided it contains a photograph or identifying information such as:

 

• Name
• Date of birth
• Gender
• Height
• Eye color
• Address

 

Minors under the age of 18 who are unable to present a standard List B document may use an alternative form, such as a school record or report card, if allowed under USCIS rules.

 

List C – Documents That Establish Employment Authorization Only

 

Examples of List C documents include a Social Security account number card, provided it does not contain any of the following restrictions:

 

• “NOT VALID FOR EMPLOYMENT”
• “VALID FOR WORK ONLY WITH INS AUTHORIZATION”
• “VALID FOR WORK ONLY WITH DHS AUTHORIZATION”
• An original or certified copy of a birth certificate issued by a U.S. state, county, municipal authority, or territory, bearing an official seal
• A Certification of Birth Abroad issued by the U.S. Department of State (Form FS‑545 or DS‑1350)
• A Native American tribal document

 

 

Temporary Use of Receipts

 

In some cases, employees may present a receipt in place of an actual document. This applies when a document has been lost, stolen, or damaged. The receipt is valid for 90 days, during which time the employee must present the replacement document.

Examples of acceptable receipts include:

 

• A receipt for the replacement of any List A, B, or C document that was lost, stolen, or damaged
• The I‑94 with refugee admission stamp (for List A) in combination with other required documents
• The USCIS Form I‑797 indicating automatic extension of an EAD in certain categories

 

 

Can the employer specify Form I-9 documentation?

 

You must allow an employee to select which documentation that they will present from the list of acceptable documents for Form I-9 purposes, and you must accept documentation that reasonably appears to be both genuine and relating to the individual presenting it.

Form I-9 contains a very clear anti-discrimination notice which states that employers cannot specify which documentation employees must present for Section 2 so as to verify employment eligibility. Equally, you cannot ask employees for documentation to verify the information pertaining to the identity of the employee in Section 1 of the form.

By law, employers are not allowed to request either more or different documents than are required to establish identity and verify employment eligibility because of their citizenship status or national origin. They are also not allowed to reject reasonably genuine-looking documents, or to specify certain documents over others. By treating your employees differently based on their citizenship, immigration status or national origin, you will be acting illegally, putting you at risk of a civil penalty for unfair documentary practices.

 

Checking Form I-9 documentation remotely

 

If you participate in E-Verify, you may be eligible to remotely examine an employee’s documents under the DHS-authorized alternative procedure. E-Verify is an electronic employment eligibility confirmation system. This allows an employer to confirm the eligibility of new starters to work in the US by electronically matching their Form I-9 information against records available to the DHS and Social Security Administration.

If you choose to offer the alternative remote procedure to physical document examination, you must do so consistently for all employees. The only exception to this is if you adopt the alternative procedure for remote hires only, while continuing to apply physical examination processes to all employees who work onsite or in a hybrid capacity.

To examine your employee’s documentation remotely, you must be enrolled in good standing in E-Verify, and complete the following steps:

 

• examine copies (front and back, if applicable) of Form I-9 documents, or an acceptable receipt, to ensure that the documentation presented reasonably appears to be genuine
• conduct a live video interaction with the employee presenting the document(s) to ensure that the documentation reasonably appears to be genuine and related to that individual (where the employee must first transmit a copy of the document(s) and then present the same documentation during the live video interaction)
• indicate on Form I-9, by completing the corresponding box, that you have chosen remote rather than physical examination of an employee’s documents to complete Section 2
• retain a clear copy of the documentation for your records where, in the event of a Form I-9 audit by federal government officials, you must make available both Form I-9 and your copy of the identity and employment authorization documentation presented by the employee for document examination in the verification process.

 

If you are enrolled in E-Verify, you may accept any Form I-9 document or combination of documentation from the list of acceptable documents, but if the employee presents you with a List B and C combination, the List B (identity only) document must have a photo. The employee must also provide their Social Security number in Section 1 of the Form I-9.

 

Common errors to avoid when completing Form I-9

 

There are a number of common errors to avoid when completing Form I-9, from accepting unacceptable documentation to inadvertently discriminating against new-starters by reason of their citizenship, immigration status or national origin. The best way to avoid any violations when completing Form I-9 is, on each occasion, to refer to the handbook for employers (M-274) on the USCIS website. However, seeking expert advice from an immigration specialist can help you to put in place compliant procedures from the outset, saving you time and money in the long-run, including the cost of any financial penalties.

 

Need assistance?

 

If you’re unsure about your responsibilities as an employer under US immigration law or need support with I-9 compliance, contact our attorneys for practical legal advice on navigating the rules, avoiding costly penalties and implementing compliant onboarding procedures tailored to your organization.

 

Form I-9 FAQs

 

Who is required to complete Form I-9?

All individuals hired for employment in the US after November 6, 1986 must complete Form I-9, regardless of their citizenship or immigration status. This includes US citizens and noncitizens alike.

 

When must Form I-9 be completed?

Section 1 must be completed by the employee no later than their first day of paid work. Section 2 must be completed by the employer within three business days of the employee’s start date.

 

Can Form I-9 be completed before an employee starts work?

Section 1 may be completed only after the employee has accepted a job offer, but must be completed by the first day of paid employment. Section 2 must be completed within three business days of that start date.

 

Can employers specify which documents an employee must present?

Employers have to allow the employee to choose which acceptable documents to present from the Lists of Acceptable Documents. Requesting specific or additional documents may be considered unlawful discrimination.

 

Are expired documents acceptable for Form I-9?

All documents presented must be unexpired, unless they are subject to an automatic extension by the issuing authority under USCIS guidance.

 

What happens if an employee’s work authorization expires?

If the employee is still working, the employer must complete Supplement B to reverify their continued authorization to work in the US. Reverification must occur before the expiration date.

 

Can Form I-9 be completed remotely?

Employers enrolled in E-Verify and in good standing may use the DHS-authorized alternative procedure, which allows for remote document inspection via live video interaction.

 

Who can serve as an authorized representative for Section 2?

An authorized representative can be any individual the employer designates to complete Section 2 on their behalf. The employer remains liable for any errors or noncompliance, even if the representative is not an employee.

 

Do employers need to retain copies of the employee’s documents?

No, unless they are using the remote alternative procedure, in which case retaining copies is required. If copies are made voluntarily for physical inspections, they must be retained with the Form I-9 and made available during audits.

 

What are the penalties for noncompliance with Form I-9 requirements?

As of 2025, civil fines for paperwork violations can range from $288 to $2,861 per employee. Knowingly hiring or continuing to employ unauthorized workers can result in penalties of $716 to $5,724 for a first offense.

 

Glossary

 

Term	Definition
Form I-9	A federal form used by US employers to verify the identity and employment authorization of individuals hired for employment in the United States.
USCIS	US Citizenship and Immigration Services, the federal agency responsible for overseeing lawful immigration to the United States, including administration of Form I-9.
Section 1	The part of Form I-9 completed by the employee on or before the first day of paid work, providing personal information and attesting to employment authorization.
Section 2	The part of Form I-9 completed by the employer within three business days of the employee’s start date, documenting the review of identity and work authorization documents.
Supplement A	An additional section of Form I-9 used when a preparer or translator assists the employee in completing Section 1.
Supplement B	The section used by employers to reverify an employee’s work authorization or to document rehire within three years of the original hire date.
E-Verify	A voluntary web-based system that allows US employers to electronically confirm the employment eligibility of newly hired employees by comparing Form I-9 information against government records.
List A	A category of acceptable Form I-9 documents that establish both identity and employment authorization.
List B	A category of acceptable Form I-9 documents that establish identity only. Must be presented with a List C document.
List C	A category of acceptable Form I-9 documents that establish employment authorization only. Must be presented with a List B document.
Authorized Representative	A person designated by the employer to complete Section 2 of Form I-9 on the employer’s behalf, including document examination and certification.
I-94	Arrival/Departure Record issued by US Customs and Border Protection to track noncitizens entering and leaving the United States. Often used to verify immigration status.
Receipt Rule	A rule that allows an employee to present a receipt for a lost, stolen, or damaged document as temporary evidence of work authorization for up to 90 days.
DHS	Department of Homeland Security, the parent agency of USCIS and ICE, responsible for enforcing immigration and work authorization laws.
ICE	Immigration and Customs Enforcement, a federal agency that conducts audits and inspections to ensure employer compliance with Form I-9 requirements.
Alternative Procedure	A DHS-authorized remote document examination option available to E-Verify participants that involves live video verification and document retention.