Form I-9

What is an I-9 Form?

The Form I-9 is a key part of the hiring process for U.S. employers. Since 1986, the Immigration Reform and Control Act (IRCA) has required employers to verify the identity and employment authorization of any employee they hire for work in the United States. Form I-9, Employment Eligibility Verification, was developed to meet this requirement.

Form I-9 must be completed by the employer within three days of the employee’s first day of work.

On the form, the employee attests to their authorization to work and presents documentation to confirm both their identity and eligibility. Within three days of the employee's first day of employment, the employer must examine these documents to ensure they appear genuine and relate to the employee. The appropriate information then must be recorded on the Form I-9.  

The form is structured into two main sections and two supplements:

• Section 1 is completed by the employee on or before their first day of employment.

• Section 2 is completed by the employer, confirming the documents have been reviewed and appear valid.

• Supplement A is used when someone helps the employee complete or translate Section 1.

• Supplement B is used for reverification or rehires.

The I-9 form is updated periodically by U.S. Citizenship and Immigration Services (USCIS), so it’s important for employers to be sure they’re using the most current version. It can be found on the USCIS website.

What is the I-9 Form Used For?

The I-9 form helps employers confirm that each person they hire is legally authorized to work in the United States.

This form is required for every employee, whether they’re a U.S. citizen or not — and whether they’re working full-time or part-time. Employers must complete a new Form I-9 for each new employee.

You also should know that not all workers have to complete a Form I-9. It's not needed for independent contractors, volunteers, or other non–W-2 workers.

In certain cases, Supplement B of a Form I-9 may need to be completed later. For example, if an employee’s work authorization has expired and needs reverification, or if a former employee is rehired within a specific time frame, the employer would need to submit an updated I-9.

For a breakdown of compliance requirements and responsibilities, visit the U.S. Citizenship and Immigration Services’ (USCIS) I-9 Central website.

After completing a Form I-9, employers must follow specific retention guidelines and have it readily available in case the form is requested during a government inspection. The U.S. Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HIS) typically conduct Form I-9 inspections. Officials from the Department of Homeland Security, the Department of Justice, or the Department of Labor may inspect I-9 forms.  

Failing to comply with Form I-9 requirements can have serious consequences. Employers may face civil fines, criminal charges for repeated violations, and disqualification from receiving federal contracts.  

Steps to Complete the I-9 Form

Although the Form I-9 has been in place for some time, it’s not always a straightforward process to complete it, and the instructions may change at any time. Visit the I-9 Central website to access instructional resources on how to complete it.  

Completing Section 1

Generally, newly hired employees must complete and sign Section 1 no later than their first day of work.

Once completed, Section 1 must be signed and dated by the employee. As part of the process, employees must present documentation to prove both identity and authorization to work.  

Completing Section 2

Typically, employers complete section 2, which usually includes entering the date the employee began employment, and completing the certification section with their title, name, signature, business name, and address.  

Completing the I-9 Supplements

Most employers will only need to complete Sections 1 and 2 of Form I-9. In certain situations, one of the form’s two supplemental sections may be needed.

What Documents are Required for the I-9 Form?

Employees can choose which documents to provide from the USCIS list of Form I-9 Acceptable Documents.

Common Mistakes Employers Make with the I-9 Form

Mistakes on Form I-9 are more common than you might think. Even small errors can lead to compliance issues. Here are some frequent pitfalls and how to avoid them:

• Incomplete or incorrect forms: Double-check that all required fields are accurately filled out, signed, and dated in both Sections 1 and 2.

• Using the wrong or outdated version of the form: USCIS periodically updates the form. Always use the latest version from the official website.

• Missing deadlines: The employee must complete Section 1 no later than their first day of work. Section 2 must be completed by the employer within three business days of the employee’s start date.

• Requesting specific documents: Employees can choose which documents to provide from the USCIS list of acceptable documents. Employers asking for a specific document(s) can be considered discriminatory.

• Improper storage: Employers must keep Form I-9s for each employee for three years after the hire date or one year after employment ends, whichever is later.

If you find an error, draw a single line through it, write the correct information nearby, and initial and date the change. Never use correction fluid. If major details are missing, you may complete a new form and attach it to the original with a note explaining the update.

I-9 forms may be inspected by agencies like the Department of Homeland Security or the Department of Labor. Conducting periodic internal self-audits can help you stay compliant and fix small issues before they become big problems.

What Happens if You Don’t Complete an I-9 Form?

Failing to complete the Form I-9 can have serious consequences for employers. U.S. law requires that every employee hired after November 6, 1986, have a properly completed Form I-9 with their employer.  

Here's what can happen if that doesn't occur:

For employers, those repercussions can include:

• Civil fines ranging from hundreds to thousands of dollars per violation

• Criminal penalties for patterns of knowingly hiring unauthorized workers

• Debarment from federal contracts

• Negative audit outcomes if government agencies review your hiring records

Even simple mistakes like missing signatures or failing to reverify can result in penalties.

It’s a good idea for employers to consult with their legal counsel or an HR professional for details specific to their situation.  

Key Takeaways

Form I-9 is a federally required document and an essential part of the hiring process. All U.S. employers must complete it for every new employee, regardless of citizenship or immigration status.  

The form is used to gather information that confirms both the individual's identity and their authorization to work in the United States.

Here are a few essentials to remember:

• Use the most up-to-date Form I-9 from USCIS.

• Complete Section 1 by the employee’s first day of work, and Section 2 within three business days of the employee’s hire date.

• Accept only original, unexpired documents (with a few exceptions) from the Acceptable Document list.

• Store and retain each form securely for the proper amount of time, three years after the hire date or one year after the employee’s employment ends, whichever is later.

• Avoid common mistakes like missing signatures, incorrect dates, or asking for specific documents.

Staying on top of administrative tasks like completing, filing, and storing the Form I-9 can be time-consuming and sometimes confusing.

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