Verifying US employment authorization is an essential part of the recruitment process, ensuring that those hired by employers are legally entitled to accept work in the US.

The following guide is designed to help employers understand the Form I9 process, including the I9 documents that are acceptable, and how these should be checked either in-person or remotely.

Section A: What is Form I9 employment authorization?

Before starting a new job in the US, a Form I9 (Employment Eligibility Verification) must be completed by and on behalf of each employee. The employee must first attest to their employment authorization and provide their employer with proof of their identity and right to work in the US from the I-9 documents list. Having physically, or where permitted, remotely examined an acceptable document or combination of I9 documents, the employer must record on the form the type and details of the documentation examined.

The current edition of Form I-9 is 01/20/25, valid through 05/31/2027, and comprises the following two sections and two supplements (depending on the circumstances):

• Section 1: Employee Information and Attestation (to be completed by employees)
• Section 2: Employer or Authorized Representative Review and Verification (to be completed by employers once the employee’s section has been completed)
• Supplement A, Preparer and/or Translator Certification for Section 1 (to be completed by those assisting employees in completing or translating Section 1, where applicable)
• Supplement B: Reverification and Rehires (to be completed by employers for any employees who are rehired or whose employment authorization requires reverification).

Employers cannot specify which documents employees present. This is the employee’s choice from the official list of I9 acceptable documents.

Section B: I9 Documents & Employer Obligations

Under US federal law, an employer is required to complete Form I9 every time they hire someone to perform paid labor or services, including citizens and non-US citizens, whether in return for wages or other remuneration. In this way, the employer can establish the identity of each new employee, ensuring that they are who they say they are. Additionally, they can verify that each new recruit is lawfully allowed to undertake gainful employment.

An individual will be employment authorized if, for example, they are a US citizen, a green card holder, someone with a suitable work visa, or someone with a visa where employment is authorized incident to status, such as the dependent spouse of certain workers. Some individuals may also have been specifically approved to undertake paid work, as evidenced by an Employment Authorization Document (Form I-766/EAD). This could include, for example, academic and vocational students, as well as those who have applied to adjust from nonimmigrant to immigrant status but whose green card application is still pending.

The employer can delegate the task of checking the employee’s documentation and completing Form I9 to an authorized representative. This can be any person the employer nominates, hires, or contracts with to complete Form I9 on their behalf. However, employees cannot act as authorized representatives for their own Form I9, including completing Section 2 of the form or attesting to the authenticity of the documentation they present. The employer remains legally responsible for any errors or omissions made by their authorized representative.

The employer must also ensure that the employment verification process and completion of Form I9 is done within the relevant timeframes. The employee must complete Section 1 any time after they have accepted an offer of employment but no later than their first day of paid work. The employer, or any authorized representative on their behalf, must then review the employee’s I9 documents and complete Section 2 within three business days of the employee’s first paid day. For example, if an employee starts work for pay on a Monday, the employer must complete Section 2 by the Thursday of that week.

The employer must also complete Supplement B where an employee’s authorization expires. This supplement must be completed if the employee is rehired within three years of the date the original Form I9 was completed or provides proof of a legal change of name.

Section C: List of Acceptable I9 Documents

The list of acceptable documents for Form I9 purposes can be found on page 2 of the form itself, where employees may present either one selection from List A or, alternatively, one selection from List B and List C combined. A document from List A will establish the employee’s identity and employment authorization together, while List B documents establish only identity and List C documents establish only employment authorization.

List A

List B

List B – For persons under age 18 who are unable to present a document listed above, alternative identity evidence may be used as permitted by USCIS guidance.

List C

Note these tables are subject to change. The live, official versions can be found here.

I9 Document Examples

Examples of List A documents that establish both identity and employment authorization include a US passport, a green card, a foreign passport containing a temporary I-551 (ADIT) stamp or machine-readable immigrant visa (MRIV) with an I-551 notation, or an EAD on Form I-766 with a photo.

A Form I-94 with refugee admission is acceptable as a List A receipt for 90 days; by the end of that period the employee presents either a List A EAD or a List C unrestricted Social Security card together with a List B document.

In cases where an employee is temporarily authorized to work for a specific employer by reason of their status, they must provide both a foreign passport and Form I-94 (Arrival/Departure Record) endorsed with their nonimmigrant status. Refugees may present a Form I-94 with a refugee admission stamp, which is also acceptable as a List A document.

Documents from List B that establish only identity include an employee’s driver’s license or photographic ID card issued by either a federal, state, or local government body. For non-photographic ID cards, they must contain identifying information such as the employee’s name and address, their date of birth and gender, and their height and eye color. Employees under the age of 18 who are unable to present a List B document with a photograph may present alternative identity documents, such as a school record, report card, or medical record.

Documents from List C that establish only employment authorization include an employee’s Social Security account number card, so long as it does not contain any work restrictions, or a US-issued original birth certificate or certified copy bearing an official seal. Other acceptable List C documents include a Consular Report of Birth Abroad (Form FS-240) or Certifications of Birth (Forms FS-545 or DS-1350).

For a complete list of I9 acceptable documents, both employers and employees should refer to page 2 of the latest version of Form I9. This also sets out examples of acceptable receipts that may be presented by an employee for a temporary period in lieu of any document listed above. This includes:

• a receipt for the replacement of a lost, stolen, or damaged document
• a Form I-94 with temporary I-551 notation
• a Form I-94 with refugee admission notation.

Receipts are valid for 90 days from the date of hire (or for refugees, 90 days after hire or until the I-94 expires, whichever is later).

Employers can only accept original and unexpired documentation from List A, or from Lists B and C combined, or an acceptable receipt.

Receipts do not extend the 3-business-day deadline to complete Section 2. Receipts are not acceptable for documents that are expired at hire, except where the receipt type is expressly permitted.

Section D: How to Check I9 Documents

Employers in the US are required to verify the identity and employment authorization of every new hire using Form I-9. Employees choose which acceptable documents to present from Lists A, B, and C, and employers review those documents and record the details on the form. Depending on eligibility, document checks may be completed in person or under the DHS-authorized remote alternative for qualified E-Verify participants.

The objective is to determine whether the documents reasonably appear to be genuine and relate to the employee, then complete Section 2 accurately and on time. For in-person checks, inspect original, unexpired documents, with the limited exception of certified copies of birth certificates. For the remote alternative available to E-Verify employers in good standing, first review legible copies, then conduct a live video review of the same documents, and annotate Form I-9 to reflect use of the alternative procedure while retaining clear copies with the I-9 record.

Physical I9 Document Checks

When examining I9 documents, the employer or authorized representative must:

• carefully examine the documentation that the employee presents, ensuring that it appears on the official list of I9 acceptable documents and that it is original (with the exception of certified copies of birth certificates) or is an acceptable receipt
• enter the document title, issuing authority, any document number, and any expiration date from the document(s) presented in Section 2 of Form I9
• enter the date the employee began or will begin work for pay
• enter the full name, signature, and title of the person completing Section 2, together with the date they completed this section
• enter the employer’s business name and physical address; employers may not enter a PO box address (if there are multiple locations, the most appropriate address identifying the employer’s location in respect of the employee should be used)
• return the documentation presented for Form I9 purposes back to the employee.

Employers cannot accept photocopies or scans of documents for in-person verification, except certified copies of birth certificates. Employers or authorized representatives must accept any I9 documents provided by an employee that reasonably appear to be genuine and relate to the employee presenting them. If the documentation does not reasonably appear to be genuine or relate to the employee, the employee should be allowed to present other documentation from the list of I9 acceptable documents. Employers who choose to retain copies of employee documents must do so consistently for all employees to avoid discriminatory treatment.

Remote I9 Document Checks

An employee’s documentation must be reviewed in their physical presence, unless the employer participates in E-Verify. In these cases, the employer may be eligible to remotely examine an employee’s I9 documents under the alternative DHS-authorized procedure.

Only employers enrolled in E-Verify and in good standing may use the DHS alternative procedure. If the employer offers the alternative procedure at an E-Verify hiring site, it should apply it consistently for all new hires at that site. An employer may limit the alternative procedure to remote hires only while using physical inspection for onsite or hybrid workers, provided it does not discriminate.

Employers enrolled in E-Verify and in good standing may conduct remote document examination under the DHS-authorized alternative procedure, which involves the employee submitting copies of their I9 documents to the employer for preliminary review, followed by a live video interaction during which the employee presents the same documents for comparison.

The employer must retain a clear copy (front and back, if two-sided) of each document examined remotely. The List B document must include a photograph for any List B and C combination, and the employee must provide their Social Security number in Section 1 of the form.

The employer must indicate on Form I9 that the “alternative procedure” was used by checking the corresponding box and must retain a clear copy of the documentation in their I9 records. Employers are required to perform an in-person examination of documents if DHS requests it or if the employee later presents new documentation during reverification. Non-E-Verify employers are not permitted to use the remote examination procedure and must review documents in person.

Section E: Compliance Best Practices

When recruiting a new employee, the employer should make the complete instructions to the form and the list of I9 acceptable documents available. These instructions guide the employee through each relevant box, where the employee is required to provide their personal information and attest to their employment authorization. They must also provide acceptable documentation as evidence of their identity and legal entitlement to work.

Once Form I9 has been completed by the employee, the employer must examine the employee’s I9 document(s) to determine if these relate to the employee and reasonably appear to be genuine, recording the relevant document information on the form.

The employer is required to retain Form I9 for 3 years after the date of hire, or 1 year after employment ends, whichever is later. Paper, microfilm, microfiche, or compliant electronic storage are all acceptable. The employer must make Form I9 available for inspection, together with any copy documentation filed alongside this form, if requested by authorized US government officers from either the DHS, Department of Labor, or Department of Justice.

If an employee has a time-limited right to work in the US, the employer will need to reverify that employee’s employment authorization when it expires. Reverification applies only when an employee’s employment authorization or documentation expires, not when a US citizen, noncitizen national, or lawful permanent resident’s documentation expires. The employer should check whether the expiration date for employment authorization provided by the employee in Section 1 matches the expiration date of the List A or List C document they presented for Section 2, and should use the earlier date for reverification purposes.

As best practice, the employer should remind the employee around 90 days before the expiration date that they will need to present a List A or List C document to show ongoing employment authorization for reverification purposes. The employee should present these documents on or before the date that their current employment authorization expires.

Section F: Penalties for Non-Compliance

US employers may be subject to significant civil money penalties under federal law for failing to comply with the mandatory requirements for completing Form I9, and for doing so incorrectly, including using documentation not permitted from the I9 acceptable documents list. The employer will also be responsible for violations committed by any authorized representative conducting the I9 verification process on the employer’s behalf.

In addition to the risk of federal penalties for non-compliance, employers also run the risk of discriminating against new hires if they treat employees differently because of a person’s perceived or actual citizenship, immigration status, or national origin. This could occur where, for example, the employer restricts the I9 documents list that will be accepted as proof of an employee’s identity and authorization to work in the US.

It is contrary to anti-discrimination laws for an employer to limit which documentation employees can present as I9 verification documents because they are not US citizens. The employer must allow employees to select which documentation they will use from the official list of I9 acceptable documents to establish their identity and verify employment eligibility, and the employer is not permitted to ask for more or different documents than are required. Any employer who treats an employee differently based on their citizenship, immigration status, or national origin in the context of employment verification checks will be acting unlawfully and may face civil penalties for unfair immigration-related employment practices under 8 U.S.C. §1324b.

As of 2025, ICE and DOJ enforcement actions may impose civil penalties as follows:

• Paperwork violations: between $281 and $2,861 per form
• Knowingly hiring or continuing to employ unauthorized workers: between $716 and $5,724 per worker for a first offense, $5,724–$14,308 (second), $8,586–$28,619 (third or later)
• Indemnity bond prohibition: $2,861
• Unfair documentary practices or discrimination: up to $10,387 per violation.

ICE conducts inspections and issues fines, while the Department of Justice’s Immigrant and Employee Rights Section (IER) enforces anti-discrimination laws.

Section G: Need Assistance?

NNU Immigration are specialist US attorneys. We provide expert advice to employers on US immigration compliance, including auditing, training, and consultancy services to help organizations meet their legal duties and avoid penalties. Contact us to discuss your organization’s compliance needs.

Section H: Form I9 Documents FAQs

What is Form I-9 used for?

Form I-9, Employment Eligibility Verification, is used by US employers to confirm the identity and employment authorization of every person hired for work in the United States. Both the employer and the employee complete the form using documents that prove identity and authorization to work.

Who needs to complete Form I-9?

All employees hired to perform work for wages or other remuneration in the US must complete Form I-9, regardless of citizenship or immigration status. This includes US citizens, permanent residents, and noncitizens who are authorized to work. Independent contractors and unpaid volunteers are not required to complete Form I-9.

When must Form I-9 be completed?

The employee completes Section 1 of Form I-9 after accepting a job offer but no later than their first day of paid work. The employer or authorized representative must complete Section 2 within three business days of the employee’s first day of work for pay.

What are acceptable documents for Form I-9?

Employees may present one document from List A, or one document each from List B and List C. List A documents establish both identity and work authorization, while List B establishes identity only and List C establishes work authorization only. Employers must allow employees to choose which documents to present from the official list and cannot demand specific ones.

Can an employee present copies of documents?

No. Employers must review original, unexpired documents in person, except for certified copies of birth certificates. Photocopies or scanned images are not acceptable unless the employer is using the DHS-authorized remote examination procedure under E-Verify, which allows for preliminary transmission of copies before a live video review.

What is the difference between Lists A, B, and C?

List A documents show both identity and employment authorization, such as a US passport or an Employment Authorization Document. List B documents show identity only, such as a driver’s license or state-issued ID card, and must be paired with a List C document. List C documents show employment authorization only, such as a Social Security card without restrictions or a US birth certificate.

Can minors without photo ID complete Form I-9?

Yes. Employees under 18 who cannot present a photo ID may provide alternative identity documents such as a school record, report card, or medical record. They must still provide a List C document to prove employment authorization.

What is the receipt rule?

The receipt rule allows an employee to present a receipt instead of an actual document in limited cases, such as when replacing a lost, stolen, or damaged document. Receipts are valid for up to 90 days from the date of hire. Refugees have 90 days from hire or until their Form I-94 expires, whichever is later, to present the actual document. After this period, the employee must present the replacement document.

What happens if an employee’s work authorization expires?

Employers must reverify the employee’s authorization before the expiration date shown on the Form I-9 or on the employee’s documentation. Reverification is done by completing Supplement B and reviewing new documentation from either List A or List C. US citizens, noncitizen nationals, and lawful permanent residents are not subject to reverification when their documentation expires.

Can employers keep copies of documents?

Employers may choose to keep copies of the documents presented, but if they do, this policy must be applied consistently to all employees to avoid discriminatory treatment. Retaining copies does not replace the requirement to complete Form I-9 properly, but it can serve as an internal audit aid.

How long should employers keep Form I-9?

Employers must retain each employee’s Form I-9 for three years after the date of hire or one year after employment ends, whichever is later. Employers can store the forms on paper, microfilm, microfiche, or in a compliant electronic system that meets DHS standards for retrieval, indexing, and security.

What is E-Verify and how does it work with Form I-9?

E-Verify is a voluntary online system operated by DHS that compares information from an employee’s Form I-9 with data from DHS and the Social Security Administration. It helps confirm employment authorization. Employers enrolled in E-Verify in good standing may use the DHS alternative procedure for remote document examination, provided they meet all recordkeeping and video verification requirements.

Can employers use the remote verification procedure for all new hires?

Only employers enrolled and in good standing with E-Verify may use the alternative remote procedure authorized by DHS. The procedure requires the employer to review copies of the employee’s documents, conduct a live video meeting, confirm that the documents appear genuine, and retain copies with the I-9 record. Employers not enrolled in E-Verify must continue to review documents in person.

What should an employer do if documents appear fraudulent?

If a document does not reasonably appear to be genuine or relate to the employee, the employer should give the employee the opportunity to present alternative documents from the official list. Employers should not contact law enforcement or immigration authorities directly, as DHS handles document fraud through its official channels.

Can an employer specify which documents to present?

No. Employers must not specify or request specific documents from the I-9 list. Employees have the right to choose which acceptable documents they present. Demanding particular documents can lead to a discrimination claim for unfair documentary practices under 8 U.S.C. §1324b.

What are the penalties for I-9 noncompliance?

Employers may face civil penalties for paperwork errors, knowingly hiring or continuing to employ unauthorized workers, or engaging in unfair documentary practices.

Can an employer use one Form I-9 for multiple locations?

Yes, provided the employer maintains a single, centralized recordkeeping system and each worksite has access to the employee’s I-9 record for inspection if required. The employer must record the address identifying the location associated with the employee on the form.

How does rehiring affect Form I-9 obligations?

If an employee is rehired within three years of the date the original Form I-9 was completed, the employer may either complete a new Form I-9 or use Supplement B of the original form to update and confirm that the employee remains authorized to work. If new documents are presented, the employer must record them on the updated form.

What are unfair documentary practices?

Unfair documentary practices occur when an employer requests more or different documents than required, or rejects valid documents, because of the employee’s citizenship, immigration status, or national origin. These actions are unlawful and can result in civil penalties enforced by the Department of Justice’s Immigrant and Employee Rights Section.

Who can inspect Form I-9 records?

Authorized officials from DHS, the Department of Labor, or the Department of Justice may inspect an employer’s Form I-9 records after providing proper notice. Employers must produce the requested forms within three business days and must cooperate during any inspection or audit.

Do remote employees still need Form I-9 verification?

Every employee, regardless of work location, requires a completed Form I-9. Employers may use an authorized representative to perform in-person verification or, if eligible under E-Verify, may use the DHS remote verification procedure.

Can Form I-9 be stored electronically?

Employers may store Forms I-9 electronically if the system complies with DHS standards. It must ensure data integrity, secure access, reliable retrieval, and a clear audit trail showing any creation or modification of records.

How can employers prepare for an ICE inspection?

Employers should conduct internal I-9 audits regularly, ensure forms are accurate and complete, and confirm reverifications are timely. Having a written compliance policy and documented training for HR or authorized representatives reduces liability and improves readiness if audited by ICE.

What happens if an employee refuses to complete Form I-9?

An employer cannot allow an individual to work if they fail or refuse to complete Form I-9 or present acceptable documentation. Employment cannot begin or continue without a properly completed form.

Where can employers find the latest I-9 guidance?

Employers should consult the official USCIS I-9 Central page and the latest Form I-9 instructions for current guidance, policy updates, and downloadable forms. DHS regularly updates its materials to reflect regulatory changes, including remote verification procedures and document list updates.

Section I: Glossary

Author

Nita Upadhye

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.

Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

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