d| h| m| s
Claim special offer See Terms*
SurePayroll
SurePayroll
Resources
Form I-9

Form I-9

Kerry Patterson
May 27, 2026
5 min read
Form I-9 is the Employment Eligibility Verification form federal law requires for every employee you hire. USCIS (U.S. Citizenship and Immigration Services) manages it, not the IRS. Use it to confirm your new employee can legally work in the U.S. before they start.
Table of contents

What Form I-9 is and why it exists

Form I-9 is not a tax form. It's the federal work authorization form you and your employee complete at hire, separate from any payroll or tax paperwork. USCIS handles it, not the IRS.

Here's why I-9 is different: the verification process means you look at your new employee's documents. Form W-4 and Form W-2 rely on what your employee tells you. With Form I-9, you check original, unexpired documents and confirm they look genuine and match the person presenting them. That's the requirement.

Whether you're adding hourly staff or bringing on your first full-time employee, you complete I-9, W-4, and state withholding forms at the same time. Each serves a different purpose: I-9 verifies work authorization. The others handle payroll taxes.

The IRS plays no part in Form I-9. The Department of Homeland Security (DHS), through U.S. Immigration and Customs Enforcement (ICE), oversees it for all U.S. employers.  

I-9 verifies work authorization. W-4 handles tax withholding. Once those are complete, you run payroll with SurePayroll By Paychex. Taxes calculate and file automatically, so you pay your new hire on schedule.

Here’s how to complete Form I-9.

How I-9 differs from W-4 and W-2

The three forms serve different purposes.  

Data table with column headers
Form What It Does Who Completes It When It's Due Managed By
Form I-9 Verifies identity and work authorization for every employee you hire Section 1: your employee Section 2: you Section 1: end of first workday Section 2: within 3 business days of start date USCIS / DHS (ICE
Form W-4 Sets how much federal income tax to withhold from each paycheck Your employee completes and submits to you At hire, before the first paycheck IRS
Form W-2 Reports total wages paid and taxes withheld for the calendar year You prepare and issue to each employee and the IRS Annually by January 31 IRS
Copy Code

You complete W-4 and I-9 around the same time at hiring. You generate and distribute Form W-2 by January 31. Only I-9 requires you to look at documents yourself.

Each form has its own set of rules. Learn how to fill out Form W-4 and how Form W-2 fits into year-end reporting.

New to payroll? Our step-by-step guide to setting up a payroll account walks you through everything, from getting your EIN to running your first payroll.

Read it now

Who completes Form I-9

All employees must complete Form I-9, regardless of employment type: part-time, full-time, hourly, seasonal, remote, or on-site. The requirement doesn’t change.

If you're an S-corporation owner paying yourself, Form I-9 requirements apply to you too. As an employee of your own corporation, you need one just like any other hire.

For mixed teams, I-9 only applies to your employees, whether they work on-site or across multiple states.  

Learn the classification rules in our independent contractor vs. employee guide.

Who doesn't need to complete an I-9:

  • Independent contractors (1099 workers): Contractors verify their own work eligibility. You're not responsible because they're not your employees.
  • Volunteers and unpaid interns: There's no employment relationship, so no I-9 is needed.

Important note: Worker classification — employee vs. independent contractor — is determined by IRS criteria, not job title or preference. Misclassification can result in significant back taxes, penalties, and legal liability.

Learn the key differences between employees and contractors

SurePayroll processes payroll for employees and contractors in one system, same platform, same login.

How to complete Form I-9

Form I-9 has two sections: your employee fills out one, and you fill out the other. There are also two supplements for specific situations.

Section 1: Employee Information and Attestation

Your employee completes Section 1 by the end of their first day of work.  

They fill in their employee information: full legal name, address, date of birth, Social Security number, and citizenship or immigration status (U.S. citizens, noncitizens, and lawful permanent residents, among others), then sign it.  

Their signature is their attestation that everything is correct. You can't fill this section out on their behalf.

Section 2: Employer Review and Verification

You complete Section 2 within three business days of your employee's start date.  

Review the employee's documents and record the document type and identifying details. Then sign to confirm the documents looked genuine and verify the employee's identity and work authorization.

Supplement A: Preparer or translator

If your employee needs translation help to complete Section 1, the translator fills out Supplement A. This doesn't apply to you or anyone who helps your employee navigate the form.

Supplement B: Reverification and rehires

Use Supplement B when an employee's work authorization expires and you need to reverify eligibility, or when you rehire a former employee within three years of their original I-9 date.

Use the current version of Form I-9 and its instructions.  

You need an I-9 process for each new hire.

Which documents work for I-9

I-9 uses three lists of acceptable documents. Your employee chooses one of two options.

Option 1: One List A document

A List A document covers both identity and work authorization in a single document. Acceptable List A documents include:

  • U.S. passport or passport card
  • Permanent resident card (Green Card)
  • Employment authorization document (EAD)
  • Foreign passport with a valid, unexpired work-authorizing visa

Option 2: One List B document plus one List C document

Employees without a List A document pick one from each list. List B documents establish identity; List C documents establish work authorization:

  • List B documents: driver's license, state-issued ID card, school ID with photo, military ID, voter registration card
  • List C documents: unrestricted Social Security card, U.S. birth certificate, U.S. citizen ID card

Whichever option your employee uses, know these four things when reviewing their documents:

  • You need originals. Photocopies won't work, with very limited exceptions.
  • Documents can't be expired (with limited exceptions for certain work authorization renewals).
  • Your employee picks the type of document they bring. Review the I-9 documents they give you from the approved lists.
  • Confirm the documents look genuine and belong to the person presenting them.

Common mistakes and how to avoid them

Here's what to watch for each step of the I-9 process.

Examine original documents, not photocopies

You can't accept photocopies. All documents must be original and unexpired.  

For remote hires, you need to be enrolled in E-Verify, the online federal employment authorization verification system, to use an authorized representative to complete Section 2 on your behalf.  

Check current USCIS guidance on this alternative procedure before proceeding.

Complete Section 2 within three business days

Your employee completes Section 1 by the end of day one. You complete Section 2 within three business days of their start date.  

Completing it on day four, even when your employee is authorized to work, is still a violation. Add the task to your onboarding checklist so it doesn't slip.

Fill out every required field

Blank fields and missing signatures can get flagged during an inspection. To ensure completeness, review Section 1 together before day one ends.  

When you complete Section 2, check every field before you sign.

Let your employee choose which documents to present

Don't ask your employee to bring a specific document, like a passport or a driver's license. This is considered discriminatory under federal anti-discrimination law.

Don’t complete for I-9 independent contractors

Contractors are responsible for their own work authorization. Completing an I-9 for a 1099 worker creates evidence of an employment relationship, which can trigger misclassification issues if that relationship is ever reviewed. Request Form I-9 for your employees only.

When you're ready to pay contractors, add them to SurePayroll as 1099 workers. The system tracks payments and automatically generates year-end 1099-NECs.

Use the current form version

Use the most recent Form I-9. USCIS updates Form I-9 periodically, putting the version number and expiration date in the upper right corner. Don't reuse a saved copy from a previous hire.

Important note: If you've been paying a team member as a 1099 contractor for more than a year — setting their hours, dictating their tools, and directing their work — the IRS may already consider them a W-2 employee.

Learn how to tell the difference IRS common law employee test

When Form I-9 is due and how long you keep it

I-9 has two deadlines:

  • Section 1 deadline: The end of day one.
  • Section 2 deadline: Within three business days of your employee's start date.

How long to keep it

Keep each Form I-9 for three years after the date of hire or one year after the employee's employment ends, whichever is later

  • Store I-9 forms separately from your other employee files. Government agencies can ask to see them at any time. You’ll want them organized and easy to find.
  • Electronic storage is fine if your system meets USCIS requirements for audit trails and accessibility. Paper works too.

Retention timelines vary for other payroll records and supporting documentation. Learn how long to keep payroll records.

What happens if you don't complete Form I-9

Form I-9 compliance protects your business. Here's what's at stake if something slips.

  • Hiring unauthorized workers: Knowingly hiring someone not authorized to work in the U.S. carries much larger fines per person, up to $28,619 per worker.
  • Repeated mistakes can lead to criminal charges.
  • Serious or repeated violations can also cost you federal contracts.

If an I-9 audit turns up mistakes in your forms, you typically have 10 business days to fix them. Corrections made in that window can reduce what you owe.

The most common I-9 violations are failing to complete Section 2 correctly, missing signatures, and accepting expired or improperly documented work authorization, according to ICE’s March 2026 I-9 Inspection Fact Sheet.

The bottom line: Get your verifications right at hire, watch for common violations, and your records will be inspection-ready.

You've completed I-9. Now set up payroll.

When you add a new hire to SurePayroll By Paychex, enter their W-4 elections, set their pay rate, and add direct deposit details. The system calculates federal, state, and local payroll taxes automatically and files them on your schedule, so you can pay your team consistently.

You've handled the hiring paperwork. Now you run payroll.

See how SurePayroll works.

This content is for educational purposes only, is not intended to provide specific legal advice, and should not be used as a substitute for the legal advice of a qualified attorney or other professional. The information may not reflect the most current legal developments, may be changed without notice and is not guaranteed to be complete, correct, or up to date

Related Terms
Small Business Solutions. Simplified.

You deserve simple solutions from the people who care about your success.

Get started

Frequently Asked Questions

Is Form I-9 a tax form?

No. Form I-9 is a work authorization form, not a tax form. USCIS manages it, not the IRS, and it has nothing to do with withholding, wages, or year-end reporting. That's what W-4 and W-2 are for.

What's the difference between Form I-9 and Form W-4?

Form I-9 and Form W-4 handle different parts of the hiring process. Form I-9 verifies work authorization: you check your new employee's documents to confirm they can legally work in the U.S.  

Form W-4 determines tax withholding: your employee fills it out to set how much federal income tax comes out of each paycheck. Both get completed at hire, but different agencies are in charge. I-9 goes through USCIS and DHS. W-4 goes through the IRS.

Do independent contractors need Form I-9?

No. Contractors don't need Form I-9. The form applies to your employees only. Work authorization is the contractor's own responsibility. Since they're not your employees, it's not yours to verify. Completing I-9 for a contractor can create confusion about their classification.

What documents does an employee need for Form I-9?

Your employee has two options for I-9 verification.  

One: bring a single List A document from the acceptable documents list, which covers both identity and work authorization (like a U.S. passport or permanent resident card).  

Two: combine one List B document (for identity, like a driver's license) with one List C document (for work authorization, like a Social Security card).  

Documents must be original and unexpired. Your employee decides what to bring. You can't ask for a specific type.

How long do you keep Form I-9?

Keep each Form I-9 for three years after the date of hire or one year after the employee leaves, whichever comes later. Store I-9 forms separately from personnel files. Government agencies can ask to see them, so keep them organized and easy to find. For guidance on how long to keep other payroll records and supporting documentation, timelines vary by record type. See: how long to keep payroll records

What happens if you make a mistake on Form I-9?

You can fix I-9 mistakes. Draw a single line through the error, write the correction next to it, then add your initials and the date. Skip correction fluid or white-out; that can look like tampering during an inspection. If a whole section is missing, complete a new form and attach it to the original with a note explaining what happened. If a government agency finds mistakes during an inspection, you typically have 10 business days to correct them before any fines apply.

Get payroll that’s affordable, easy, and hassle-free.

Start in seconds—and check simple payroll off your list.