What Is Form I-9?

Form I-9, officially known as the Employment Eligibility Verification form, is a document required by the U.S. Citizenship and Immigration Services (USCIS) to verify the identity and employment authorization of individuals hired for work in the United States. All U.S. employers must ensure that a completed Form I-9 is on file for every person they hire after November 6, 1986, whether the worker is a U.S. citizen or not. This form is a core part of federal compliance with immigration law and is used to prevent the hiring of unauthorized workers.

Purpose and Legal Background

The primary goal of Form I-9 is to verify both the identity and the legal authorization of an individual to work in the United States. It is part of the Immigration Reform and Control Act (IRCA) of 1986, which made it illegal for employers to knowingly hire or continue to employ individuals who are not authorized to work in the country. By requiring this form, the government places a shared responsibility on employers and employees to confirm lawful employment status.

The I-9 process does not involve submitting the form to a federal agency, but rather maintaining it on file in case of an audit or inspection. The U.S. Department of Homeland Security (DHS), through Immigration and Customs Enforcement (ICE), has the authority to inspect I-9 records, often as part of workplace compliance audits.

Sections of the Form

Form I-9 consists of three main sections:

Section 1 – Employee Information and Attestation:
This section must be completed by the employee on or before the first day of employment. It includes personal information such as name, address, date of birth, and Social Security number (if applicable). The employee must also attest to their citizenship or immigration status by selecting from four options:

1. A U.S. citizen
2. A noncitizen national
3. A lawful permanent resident
4. An alien authorized to work

Employees must sign and date the form, certifying the truthfulness of the information under penalty of perjury.

Section 2 – Employer Review and Verification:
This part must be completed by the employer within three business days of the employee’s first day of work. The employer must examine original documents presented by the employee that prove both identity and work authorization. These documents are grouped into Lists A, B, and C:

• List A documents prove both identity and authorization (e.g., U.S. passport, permanent resident card).
• List B documents establish identity only (e.g., driver’s license).
• List C documents establish employment authorization only (e.g., Social Security card without restrictions).

Employers must record the document title, issuing authority, document number, and expiration date (if applicable). They also certify that the documents appeared genuine and related to the employee.

Section 3 – Reverification and Rehires:
This section is used in two scenarios: when an employee’s work authorization has expired and needs to be reverified, or when a former employee is rehired within three years of the original Form I-9 date. Reverification ensures that continued employment is legally permitted.

Retention and Storage Requirements

Employers are required to retain each employee’s Form I-9 for a specific period: either three years after the date of hire or one year after the date of termination, whichever is later. Forms may be stored on paper, microform, or electronically, but they must be readily accessible in the event of an inspection.

Failure to produce a Form I-9 upon request by an authorized government official may lead to penalties. Employers should establish consistent procedures to ensure proper and timely completion and retention.

Penalties for Noncompliance

Penalties for failing to properly complete, retain, or produce Form I-9 can be severe. Fines range depending on the nature of the violation, including:

• Substantive or uncorrected technical violations (e.g., missing information)
• Knowingly hiring or continuing to employ unauthorized workers
• Failing to produce a form during an audit

In addition to monetary penalties, repeated or egregious violations can lead to criminal charges or debarment from government contracts.

E-Verify and the I-9 Process

E-Verify is an optional web-based system that allows participating employers to electronically confirm an employee’s eligibility to work. Although using E-Verify does not replace Form I-9, it does enhance the verification process. In some states or under certain federal contracts, participation in E-Verify is mandatory.

E-Verify compares information from the I-9 form against records maintained by the Social Security Administration (SSA) and the Department of Homeland Security (DHS). A mismatch — called a Tentative Nonconfirmation (TNC) — requires follow-up by the employee to resolve.

Remote Verification and Recent Updates

Due to shifts in workplace practices, particularly after the COVID-19 pandemic, USCIS introduced alternative procedures for examining documents remotely under certain conditions. Employers enrolled in E-Verify may be eligible to verify I-9 documents via live video review, provided they meet specific criteria. Employers should stay current on I-9 rules, as these procedures may change over time.

In 2023, USCIS released a streamlined, shortened version of Form I-9 to make the process more user-friendly and to align with modern recordkeeping practices. While the essential requirements remain, employers should ensure they are using the most current version of the form.

The Bottom Line

Form I-9 is a mandatory document that plays a critical role in the legal hiring process in the U.S. It requires both employees and employers to verify and document work eligibility in a timely and accurate manner. While simple in structure, the I-9 process carries significant legal responsibility. Errors, omissions, or oversights can lead to fines and sanctions. Employers must maintain up-to-date procedures, remain aware of changes to the form or verification rules, and be prepared for inspections. Proper I-9 compliance isn’t just good practice — it’s a legal obligation.