Form I-9 (Employment Eligibility Verification) is a U.S. Citizenship and Immigration Services (USCIS) form that every employer in the United States must complete for each new hire—both citizens and noncitizens—to verify their identity and authorization to work. The form has three sections: Section 1 (employee), Section 2 (employer), and Section 3 (reverification or rehire). You must complete the form within three business days of the employee’s first day of work. This guide walks you through each step, highlights common pitfalls, and provides a blank template you can print and use.
What You’ll Need
- A current version of Form I-9 (dated 08/01/2023 or later; older versions are not accepted after October 31, 2023).
- The employee’s full legal name, address, date of birth, Social Security number (if available), and email/phone (optional).
- Acceptable documents from the employee’s List A (identity and work authorization) or a combination of List B (identity) and List C (work authorization). See the full list on the last pages of the form.
- A person authorized by the employer to complete Section 2 (e.g., HR staff, manager, or designated agent).
- Access to the USCIS Handbook for Employers (M-274) for detailed guidance.
Step-by-Step
- Ensure you have the correct version. Download Form I-9 from the official USCIS website (uscis.gov/i-9). Do not use a photocopy of an old form; use the current revision date.
- Have the employee fill out Section 1 on or before their first day of work. The employee must complete Section 1 electronically or by hand using black ink. They must enter their full legal name, other last names used (if any), address, date of birth, and Social Security number (if they want to provide it). They must check one box in the “Attestation” area: citizen or national of the U.S., lawful permanent resident, or noncitizen authorized to work. If they are a noncitizen, they must enter their USCIS number, Form I-94 admission number, or foreign passport number and endorsement. Then they sign and date the form.
- Review Section 1 for completeness. As the employer, you must ensure the employee has filled out every field. If something is missing, ask the employee to correct it before you proceed.
- Complete Section 2 within three business days of the employee’s first day of work. The employee must physically present original documents from the Lists. You (or your authorized representative) must examine each document to ensure it reasonably appears genuine and relates to the employee. Do not accept photocopies (except for certain remote procedures, which are not covered here).
- Record the document information in Section 2. For List A documents (e.g., U.S. Passport, Permanent Resident Card, Employment Authorization Document), enter the document title, issuing authority, document number, and expiration date (if any). For List B (e.g., driver’s license, state ID) and List C (e.g., Social Security card, birth certificate), enter the same details for each document. Leave the “Additional Information” field blank unless you need to note something specific, such as a document that has an extension.
- Have the employer representative sign and date Section 2. The person who examines the documents must sign, print their name, and enter the employee’s first day of work. The date must be the actual date of examination.
- Retain the form. Keep the completed Form I-9 for as long as the employee works for you, plus the required retention period (three years after the date of hire or one year after termination, whichever is later). Store it separately from the employee’s personnel file to avoid discrimination claims.
- Complete Section 3 only when needed. Section 3 is used for reverification (when an employee’s work authorization expires) or when rehiring an employee within three years of the previous I-9. For reverification, the employee must present a new document or a receipt, and you must record the new document information and sign/date the section.
Common Mistakes
- Accepting an expired document that is not on the List of Acceptable Documents (e.g., an expired driver’s license is not acceptable for List B).
- Failing to complete the form within the three-day deadline.
- Letting the employee fill out Section 2—only the employer can do that.
- Accepting photocopies of documents (unless you are using the remote verification procedure, which has specific rules).
- Using an outdated version of the form. Always check the USCIS website.
- Not signing and dating Section 2 on the day you examine the documents.
Tips
- Use the USCIS “I-9 Central” online resource for answers to common questions.
- Keep a log of when each employee’s I-9 is due for reverification, so you don’t miss deadlines.
- If you have multiple locations, train each manager who handles I-9s to avoid inconsistent practices.
- Do not ask for specific documents—let the employee choose which acceptable documents to present.
- For remote hires, follow the specific rules for remote document verification if you are enrolled in E-Verify and meet the conditions.
Troubleshooting
Employee forgot to fill out a field in Section 1. Ask the employee to complete it before you proceed. Do not fill it in for them.
Document appears fraudulent. If you reasonably believe a document is not genuine, do not accept it. You may ask for a different acceptable document. If you suspect fraud, you can contact the U.S. Department of Justice’s Immigrant and Employee Rights Section.
Employee’s work authorization expires. You must reverify before the expiration date. If the employee cannot provide a new document, they may not be allowed to continue working.
You missed the three-day deadline. Complete the form as soon as possible. While there is no amnesty, correcting the error promptly can mitigate penalties. Consult an immigration attorney if you have systemic issues.
Employee lost their documents. They can provide a receipt showing they applied for a replacement. You can accept a receipt for a temporary period (usually 90 days) and must reverify when the actual document arrives.
Frequently Asked Questions
Q: Can I fill out Section 2 for the employee? No. Section 2 must be completed by the employer or an authorized representative. The employee only fills out Section 1.
Q: What if the employee’s name on their document differs from what they wrote in Section 1? You should ask the employee to correct Section 1 to match the document, or have them explain the discrepancy. The name on the I-9 should match the document presented.
Q: Do I need to complete a new I-9 for a rehire? If the employee is rehired within three years of the original I-9, you can either complete a new form or update Section 3. If more than three years have passed, you must complete a new form.
Q: Can I use a digital copy of the I-9? Yes, USCIS allows electronic completion and storage, as long as you follow the regulations for electronic signatures and retention. However, the employee must still physically present documents (unless using remote verification under E-Verify).
Q: What is the penalty for not completing Form I-9? Civil penalties for substantive violations can range from hundreds to thousands of dollars per form, depending on the severity and whether it’s a first offense. Criminal penalties may apply for a pattern of violations.
Q: Do I need to keep a copy of the employee’s documents? No, but if you do, you must do so consistently for all employees, to avoid discrimination claims.
Template
Form I-9 Template (Blank)
| Section 1: Employee Information (to be completed by employee) | |
|---|---|
| Last Name (Family Name): ______________________ | First Name (Given Name): ______________________ |
| Other Last Names Used (if any): ______________________ | Address (Street Number and Name): ______________________ |
| Apt. #: ______ | City: ______________________ |
| State: ______ | ZIP Code: __________ |
| Date of Birth (MM/DD/YYYY): __________ | U.S. Social Security Number: ___________ |
| Email (optional): ______________________ | Telephone (optional): ______________________ |
| Attestation: I am (check one): ☐ A citizen of the United States ☐ A noncitizen national of the United States ☐ A lawful permanent resident (Alien Registration Number: __________) ☐ A noncitizen authorized to work (USCIS Number: __________ OR Form I-94 Admission Number: __________ OR Foreign Passport Number: __________) |
|
| Signature of Employee: ______________________ Date: __________ | |
Section 2: Employer Review and Verification (to be completed by employer)
| Document Title | Issuing Authority | Document Number | Expiration Date (if any) |
|---|---|---|---|
| ______________________ | ______________________ | ______________________ | ______________________ |
| ______________________ | ______________________ | ______________________ | ______________________ |
| Additional Information (if any): ________________________________________ | |||
| Employer Signature: ______________________ Date: __________ | |||
| Employer Name (Print): ______________________ Title: ______________________ | |||
| First Day of Employment: __________ | |||
Section 3: Reverification and Rehire (to be completed by employer)
| New Name (if applicable): ______________________ Date of Rehire (if any): __________ |
| Document Title: ______________________ Document Number: ______________________ Expiration Date (if any): __________ |
| Signature of Employer: ______________________ Date: __________ |
Sample (fictional): For Section 1, an employee might write: Last Name: Doe, First Name: Jane, Address: 123 Main St, City: Anytown, State: CA, ZIP: 90210, DOB: 01/01/1990, SSN: 123-45-6789, and check “A citizen of the United States.” In Section 2, the employer might list a U.S. Passport (List A) with document number 123456789, expiration 01/01/2030, and sign.
Note: This guide is for informational purposes and does not constitute legal advice. If you have specific questions about your situation, consult a qualified immigration attorney or the USCIS Handbook for Employers (M-274).