What Is An I-9 Form: Your Complete Guide

What Is An I-9 Form? It’s a crucial document for employment eligibility verification, and WHAT.EDU.VN is here to clarify everything. We provide a comprehensive overview of Form I-9, ensuring compliance and understanding for both employees and employers. Get expert guidance and simplify the employment verification process with us. Employment authorization, eligibility verification, and document requirements are vital for understanding the I-9 form.

1. Understanding the I-9 Form: The Basics

The I-9 form, officially known as the Employment Eligibility Verification form, is a United States Citizenship and Immigration Services (USCIS) document used to verify the identity and employment authorization of individuals hired for employment in the United States. Employers are required to ensure that new hires properly complete the form and provide the necessary documentation to prove their eligibility to work in the U.S.

1.1. What is the Purpose of Form I-9?

The primary purpose of Form I-9 is to comply with the Immigration Reform and Control Act of 1986 (IRCA). This act mandates that employers verify the identity and employment eligibility of all employees hired after November 6, 1986, to prevent the hiring of individuals who are not authorized to work in the United States. The form serves as a legal record that the employer has fulfilled their responsibility to verify the employee’s eligibility.

1.2. Who Needs to Complete Form I-9?

Almost every new employee hired in the United States must complete Form I-9. This includes citizens, non-citizen nationals, lawful permanent residents, and aliens authorized to work in the United States. The only exceptions are individuals hired before November 7, 1986, and those performing casual domestic work in a private home on a sporadic or irregular basis. Independent contractors are also generally exempt.

1.3. When Must Form I-9 Be Completed?

Employees must complete Section 1 of Form I-9 on their first day of employment. Employers must complete Section 2 within three business days of the employee’s start date. This timeframe allows employers to examine the employee’s documentation and record the necessary information.

1.4. Where Can I Find the I-9 Form?

The most current version of Form I-9 can be downloaded from the USCIS website. It’s crucial to use the latest version to ensure compliance with current regulations. The form is available in both English and Spanish, though only employers in Puerto Rico may complete the Spanish-language version. All other employers can use the Spanish version as a translation aid.

2. Sections of the I-9 Form Explained

The I-9 form is divided into several sections, each requiring specific information from the employee and employer. Understanding these sections is essential for accurate completion and compliance.

2.1. Section 1: Employee Information and Attestation

Section 1 is completed by the employee. It requires personal information such as:

Full legal name
Address
Date of birth
Social Security number (optional, unless the employer participates in E-Verify)
Email address (optional)
Telephone number (optional)

Additionally, the employee must attest to their employment eligibility by selecting one of the following options:

A citizen of the United States
A non-citizen national of the United States
A lawful permanent resident
An alien authorized to work in the United States

If the employee selects option 4, they must provide their Alien Registration Number/USCIS Number or Form I-94 Admission Number.

2.2. Section 2: Employer Review and Verification

Section 2 is completed by the employer. The employer must physically examine the employee’s original documents from the Lists of Acceptable Documents to verify their identity and employment authorization. The employer must record the following information in Section 2:

Document title
Issuing authority
Document number
Expiration date (if any)

The employer must also provide the employee’s first day of employment, their own name and signature, and the date of completion. Certain employers who choose to remotely examine the employee’s documentation under a DHS-authorized alternative procedure must check the box in Section 2 to indicate they did so.

2.3. Lists of Acceptable Documents

Page 2 of the I-9 form contains three lists of acceptable documents:

List A: Documents that establish both identity and employment authorization (e.g., U.S. Passport, Permanent Resident Card)
List B: Documents that establish identity (e.g., Driver’s License, State ID Card)
List C: Documents that establish employment authorization (e.g., Social Security Card, Birth Certificate)

Employees must present either one document from List A or one document from List B and one document from List C. Employers cannot specify which documents an employee must present. The employee is free to choose which acceptable documents they wish to provide.

2.4. Supplement A: Preparer and/or Translator Certification for Section 1

Supplement A is used when an employee requires assistance from a preparer or translator to complete Section 1. The preparer or translator must complete this supplement, providing their name, address, and signature, certifying that they assisted the employee in completing the form. If the employee does not use a preparer or translator, this supplement is not required.

2.5. Supplement B: Reverification and Rehire (formerly Section 3)

Supplement B is used for reverifying an employee’s employment authorization or documenting a rehire. Reverification is required when an employee’s employment authorization document expires. Employers must complete this supplement to update the employee’s information. If an employee is rehired within three years of the date of the original I-9, the employer may complete this supplement instead of completing a new Form I-9.

3. Acceptable Documents for Form I-9

Understanding the Lists of Acceptable Documents is crucial for both employees and employers. These lists specify which documents can be used to establish identity and employment authorization.

3.1. List A Documents

List A documents establish both identity and employment authorization. An employee can present one of the following documents from List A:

U.S. Passport or U.S. Passport Card
Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
Employment Authorization Document issued by DHS (Form I-766)
Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a Machine-Readable Immigrant Visa (MRIV)
For a nonimmigrant alien authorized to work for a specific employer because of his or her status:
- Foreign passport; and
- Form I-94 or Form I-94A that contains the following notations:
  - The same name as the passport; and
  - An endorsement of the alien’s nonimmigrant status as long as the endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form.
Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI.

3.2. List B Documents

List B documents establish identity. An employee can present one of the following documents from List B:

Driver’s license or ID card issued by a State or outlying possession of the United States provided it contains a photograph or other identifying information such as name, date of birth, sex, height, eye color, and address
ID card issued by federal, state, or local government agencies or entities, provided it contains a photograph or other identifying information such as name, date of birth, sex, height, eye color, and address
School record or report card
Clinic, doctor, or hospital record
Day-care or nursery school record

Note: Individuals under 18 who are unable to present a document listed above may present the following:

School record or report card
Clinic, doctor, or hospital record
Day-care or nursery school record

3.3. List C Documents

List C documents establish employment authorization. An employee can present one of the following documents from List C:

A Social Security Account Number card, unless the card contains one of the following restrictions:
- NOT VALID FOR EMPLOYMENT
- VALID FOR WORK ONLY WITH INS AUTHORIZATION
- VALID FOR WORK ONLY WITH DHS AUTHORIZATION
Certification of Birth Abroad issued by the Department of State (Form FS-545)
Certification of Report of Birth issued by the Department of State (Form DS-1350)
Original or certified copy of a birth certificate issued by a State, county, municipal authority, or outlying possession of the United States bearing an official seal
Native American tribal document
U.S. Citizen ID Card (Form I-197)
Identification Card for Use of Resident Citizen in the United States (Form I-179)
Employment authorization document issued by DHS (other than Form I-766)

3.4. Rules for Acceptable Documents

Documents must be unexpired.
Documents must appear to be genuine and relate to the employee presenting them.
Employers cannot specify which documents an employee must present.
Employers must accept any document or combination of documents from the Lists of Acceptable Documents.

4. Employer Responsibilities and Compliance

Employers have several responsibilities related to Form I-9 compliance. Failing to meet these responsibilities can result in fines and penalties.

4.1. Retaining Form I-9

Employers must retain Form I-9 for all current employees. For terminated employees, employers must retain Form I-9 for either three years from the date of hire or one year after the date of termination, whichever is later.

4.2. Storage of Form I-9

Employers can store Form I-9 either electronically or in paper form. If storing forms electronically, the system must meet certain DHS standards for electronic generation, storage, and retention.

4.3. Inspection of Form I-9

Employers must make Forms I-9 available for inspection by authorized government officers from the Department of Homeland Security, the Department of Labor, and the Department of Justice. Employers are typically given at least three days’ notice before an inspection.

4.4. Common Mistakes to Avoid

Failing to complete Section 2 within three business days of the employee’s start date.
Accepting expired documents.
Specifying which documents an employee must present.
Failing to retain Forms I-9 for the required period.
Not updating Forms I-9 when reverification is required.
Completing the form in advance. The employee must complete section 1 on their first day of work.

4.5. Penalties for Non-Compliance

Employers who fail to comply with Form I-9 requirements can face significant penalties. These penalties can include:

Civil fines for paperwork violations
Criminal penalties for knowingly hiring unauthorized workers
Debarment from government contracts

5. Completing Form I-9: A Step-by-Step Guide

Completing Form I-9 accurately is crucial for both employees and employers. Here’s a step-by-step guide to help you navigate the process.

5.1. Employee’s Role: Completing Section 1

Download the Form: Obtain the latest version of Form I-9 from the USCIS website.
Read the Instructions: Carefully read the instructions to understand the requirements and ensure accurate completion.
Provide Personal Information: Fill in all required fields in Section 1, including your full legal name, address, date of birth, and Social Security number (if required).
Attest to Employment Eligibility: Select the appropriate option to attest to your employment eligibility (U.S. citizen, non-citizen national, lawful permanent resident, or alien authorized to work).
Provide Alien Registration Number (if applicable): If you selected “alien authorized to work,” provide your Alien Registration Number/USCIS Number or Form I-94 Admission Number.
Sign and Date: Sign and date Section 1, certifying that the information you provided is true and correct.

5.2. Employer’s Role: Completing Section 2

Review Section 1: Review Section 1 to ensure that the employee has completed all required fields.
Examine Documents: Physically examine the employee’s original documents from the Lists of Acceptable Documents.
Record Document Information: Record the document title, issuing authority, document number, and expiration date (if any) in Section 2.
Provide First Day of Employment: Enter the employee’s first day of employment.
Sign and Date: Sign and date Section 2, certifying that you have examined the documents and they appear to be genuine and relate to the employee.

5.3. Using the Spanish-Language Version

Employers in Puerto Rico may complete the Spanish-language version of Form I-9 instead of the English-language version. Any employer may use the Spanish-language form and instructions as a translation tool, but only the English version can be officially submitted, except in Puerto Rico.

5.4. Remote Examination of Documents

Certain employers may be eligible to remotely examine an employee’s documents. Those employers who choose to remotely examine the employee’s documentation under a DHS-authorized alternative procedure must check the box in Section 2 to indicate they did so.

6. E-Verify and Form I-9

E-Verify is an internet-based system that allows employers to electronically verify the employment eligibility of their employees. While E-Verify is not mandatory for all employers, it is required for some federal contractors and in certain states.

6.1. How E-Verify Works

Employers who use E-Verify submit information from the employee’s Form I-9 to the E-Verify system. The system then compares the information to records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS). If the information matches, the employee’s employment eligibility is confirmed. If there is a mismatch, the employer and employee have an opportunity to resolve the issue.

6.2. Relationship Between Form I-9 and E-Verify

Form I-9 is a prerequisite for using E-Verify. Employers must first complete Form I-9 and then use the information from the form to verify the employee’s eligibility through E-Verify.

6.3. Benefits of Using E-Verify

Provides a reliable way to verify employment eligibility
Helps employers avoid hiring unauthorized workers
Can reduce the risk of penalties and fines

6.4. E-Verify Requirements

Employers who use E-Verify must follow certain requirements, including:

Posting notices about E-Verify in the workplace
Notifying employees of their rights under E-Verify
Following procedures for resolving mismatches
Not discriminating against employees based on citizenship status

7. Common Scenarios and FAQs

Navigating Form I-9 can sometimes be confusing, especially when dealing with unique situations. Here are some common scenarios and frequently asked questions to help clarify the process.

7.1. What if an Employee Doesn’t Have a Social Security Number?

Employees are not required to provide their Social Security number in Section 1 of Form I-9 unless the employer participates in E-Verify. If the employer does participate in E-Verify, the employee must provide their Social Security number.

7.2. What if an Employee’s Document is Lost or Stolen?

If an employee’s document is lost or stolen, they can present a receipt for a replacement document. The receipt is valid for 90 days. Within that time, the employee must present the actual replacement document.

7.3. Can an Employer Ask for Specific Documents?

No, employers cannot specify which documents an employee must present. The employee is free to choose which acceptable documents they wish to provide from the Lists of Acceptable Documents.

7.4. How to Correct Errors on Form I-9

If an error is discovered on Form I-9, the employer should correct it by lining through the incorrect information, entering the correct information, and initialing and dating the correction. Do not use white-out or attempt to erase the incorrect information.

7.5. What Happens if an Employee’s Work Authorization Expires?

If an employee’s work authorization expires, the employer must reverify their employment eligibility by completing Supplement B of Form I-9. The employee must present a valid document that establishes their continued employment authorization.

8. Staying Updated with Form I-9 Changes

The Form I-9 and its related regulations can change periodically. Staying updated with these changes is crucial for maintaining compliance.

8.1. How to Check for Updates

The USCIS website is the official source for the most current version of Form I-9 and related information. Employers should regularly check the website for updates.

8.2. Subscribing to USCIS Updates

You can subscribe to email updates from USCIS to receive notifications about changes to Form I-9 and other immigration-related news.

8.3. Consulting Legal Counsel

If you have specific questions or concerns about Form I-9 compliance, consider consulting with an immigration attorney. An attorney can provide guidance tailored to your specific situation.

8.4. Training Resources

USCIS offers various training resources to help employers understand Form I-9 requirements. These resources include webinars, tutorials, and publications.

9. Real-World Examples and Case Studies

Understanding how Form I-9 applies in real-world situations can help employers and employees better navigate the process. Here are a few examples and case studies.

9.1. Scenario 1: New Hire with a U.S. Passport

John is a new hire at ABC Company. He presents his U.S. Passport as proof of identity and employment authorization. The employer examines the passport, records the document information in Section 2 of Form I-9, and retains the form.

9.2. Scenario 2: Employee with an Expiring Employment Authorization Document

Maria is an employee at XYZ Company. Her Employment Authorization Document (EAD) is set to expire in 30 days. The employer notifies Maria that she needs to provide a valid document to reverify her employment eligibility. Maria presents her renewed EAD, and the employer completes Supplement B of Form I-9.

9.3. Case Study: Company Fined for I-9 Violations

DEF Company was audited by Immigration and Customs Enforcement (ICE) and found to have numerous I-9 violations, including failing to complete Section 2 of Form I-9 within the required timeframe and accepting expired documents. As a result, DEF Company was fined thousands of dollars.

9.4. Best Practices for Compliance

Conduct regular internal audits of Form I-9 to identify and correct errors.
Provide training to employees responsible for completing Form I-9.
Use a checklist to ensure that all required steps are completed.
Stay updated with changes to Form I-9 and related regulations.

10. The Future of Form I-9: Trends and Innovations

The Form I-9 landscape is continuously evolving, with trends and innovations aimed at streamlining the verification process and enhancing compliance.

10.1. Electronic Form I-9 Systems

Many employers are adopting electronic Form I-9 systems to improve efficiency and accuracy. These systems automate the completion, storage, and management of Form I-9, reducing the risk of errors and improving compliance.

10.2. Remote I-9 Verification

With the rise of remote work, remote I-9 verification has become more common. USCIS has introduced flexibilities to allow employers to remotely examine employee documents under certain conditions.

10.3. Blockchain Technology

Blockchain technology has the potential to revolutionize the way identity and employment eligibility are verified. By creating a secure, decentralized ledger of employee information, blockchain can streamline the verification process and reduce the risk of fraud.

10.4. Artificial Intelligence (AI)

AI-powered tools can help employers automate the review of Form I-9 and identify potential errors. These tools can also assist with document verification and fraud detection.

11. Resources for Employers and Employees

Numerous resources are available to help employers and employees navigate Form I-9 requirements. Here are some of the most useful resources.

11.1. USCIS Website

The USCIS website is the primary source for Form I-9 information. You can download the latest version of the form, read instructions, and find answers to frequently asked questions.

11.2. E-Verify Website

The E-Verify website provides information about the E-Verify program, including requirements, benefits, and training resources.

11.3. SHRM (Society for Human Resource Management)

SHRM offers resources and training on various HR topics, including Form I-9 compliance.

11.4. Immigration Attorneys

Immigration attorneys can provide legal advice and guidance on Form I-9 and other immigration-related matters.

11.5. Government Agencies

Various government agencies, such as the Department of Labor and the Department of Justice, provide resources and information on Form I-9 compliance.

12. Addressing Specific Industry Needs

Different industries may have unique challenges and considerations when it comes to Form I-9 compliance. Here are some tips for addressing specific industry needs.

12.1. Healthcare Industry

Healthcare employers must ensure that all employees, including those in clinical roles, are properly authorized to work in the United States. They should also be aware of specific requirements related to healthcare worker certification and licensing.

12.2. Construction Industry

The construction industry often relies on temporary and seasonal workers, which can present challenges for Form I-9 compliance. Employers should have systems in place to track employee work authorization and ensure that reverification is completed when required.

12.3. Hospitality Industry

The hospitality industry often hires a large number of employees, which can make Form I-9 compliance a significant administrative burden. Employers should consider using electronic Form I-9 systems to streamline the process and reduce the risk of errors.

12.4. Technology Industry

The technology industry often hires foreign workers with specialized skills. Employers should be familiar with the various visa options available to foreign workers and ensure that they comply with all Form I-9 requirements.

13. Ensuring Compliance with Remote Employees

The rise of remote work has created new challenges for Form I-9 compliance. Employers must ensure that they are properly verifying the identity and employment authorization of remote employees.

13.1. Remote Document Verification

USCIS has introduced flexibilities to allow employers to remotely examine employee documents under certain conditions. Employers should follow these guidelines to ensure compliance.

13.2. Designated Agents

Employers can use designated agents to complete Section 2 of Form I-9 on their behalf. The designated agent must physically examine the employee’s documents and complete the form accurately.

13.3. Video Conferencing

Some employers are using video conferencing to conduct remote document verification. The employer can review the employee’s documents via video and record the information in Section 2 of Form I-9.

13.4. Best Practices for Remote Compliance

Develop a written policy for remote I-9 verification.
Train employees on the requirements for remote verification.
Use a secure system for storing and managing Form I-9.
Conduct regular audits to ensure compliance.

14. Overcoming Language Barriers

Language barriers can pose challenges for Form I-9 compliance. Employers should take steps to ensure that all employees understand the requirements and can complete the form accurately.

14.1. Providing Translations

Employers can provide translations of Form I-9 and related instructions to employees who are not proficient in English. However, only the English version of the form can be officially submitted, except in Puerto Rico.

14.2. Using Interpreters

Employers can use interpreters to assist employees in completing Form I-9. The interpreter must complete Supplement A of Form I-9, certifying that they assisted the employee in completing the form.

14.3. Training Resources in Multiple Languages

USCIS offers training resources in multiple languages to help employers and employees understand Form I-9 requirements.

14.4. Best Practices for Addressing Language Barriers

Provide clear and concise instructions.
Use visual aids to explain complex concepts.
Offer assistance to employees who need help completing the form.
Be patient and understanding.

15. Protecting Employee Privacy

Employers must protect employee privacy when collecting and storing Form I-9 information. They should take steps to ensure that the information is kept confidential and secure.

15.1. Data Security Measures

Employers should implement data security measures to protect Form I-9 information from unauthorized access, use, or disclosure. These measures may include encryption, access controls, and regular security audits.

15.2. Limiting Access to Information

Access to Form I-9 information should be limited to employees who have a legitimate need to know. Employers should train employees on the importance of protecting employee privacy.

15.3. Proper Disposal of Form I-9

When Form I-9 is no longer required, it should be disposed of properly to prevent unauthorized access to employee information. Employers should shred paper copies of Form I-9 and securely delete electronic copies.

15.4. Best Practices for Protecting Privacy

Develop a written policy for protecting employee privacy.
Train employees on the requirements for protecting privacy.
Use a secure system for storing and managing Form I-9.
Conduct regular audits to ensure compliance.

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FAQ: Key Questions About the I-9 Form

Question	Answer
What happens if I make a mistake on the I-9 form?	If you discover an error, correct it by lining through the incorrect information, entering the correct information, and initialing and dating the correction. Avoid using white-out or attempting to erase the information.
Can I complete the I-9 form electronically?	Yes, you can complete the I-9 form electronically using a system that meets DHS standards for electronic generation, storage, and retention. Ensure the system complies with all regulations.
What if an employee cannot provide any of the acceptable documents?	The employee must provide acceptable documents from either List A or from Lists B and C. If they cannot provide these, they are not authorized to work in the U.S. Employers should consult legal counsel in such cases.
Are there different versions of the I-9 form?	Yes, there can be updated versions. Always use the most current version available on the USCIS website to ensure compliance with the latest regulations.
What should I do if an employee’s name has changed?	If an employee’s name has changed, they should provide documentation of the name change, such as a marriage certificate or court order. Update the I-9 form accordingly, noting the change and retaining the supporting documentation.
How long do I have to keep the I-9 forms for terminated employees?	You must retain Form I-9 for terminated employees for either three years from the date of hire or one year after the date of termination, whichever is later. Proper retention ensures compliance during audits.
Can I ask an employee for proof of citizenship?	No, you cannot ask an employee for proof of citizenship. You must accept any document or combination of documents from the Lists of Acceptable Documents that the employee chooses to present.
What if an employee presents a document that appears to be fraudulent?	If a document appears to be fraudulent, you should not accept it. Consult with legal counsel and report the situation to the appropriate authorities. Do not continue with the hiring process if the document is suspected to be fraudulent.
Do I need to complete an I-9 form for independent contractors?	Generally, no. You do not need to complete an I-9 form for independent contractors, as they are not considered employees. However, ensure that the individuals are genuinely independent contractors and not misclassified employees.
What if an employee refuses to complete Section 1 of the I-9 form?	If an employee refuses to complete Section 1 of the I-9 form, you cannot hire them. Completing the form is a legal requirement for all new hires. Consult with legal counsel for guidance on how to proceed.
Can I require employees to provide a Social Security card?	No, you cannot require employees to provide a Social Security card unless you participate in E-Verify. In that case, employees must provide their Social Security number. However, they can choose to present other acceptable documents from List C.
What documents are acceptable for minors under 18?	Minors under 18 who cannot provide a state-issued ID or driver’s license may present a school record, report card, clinic record, or daycare record as proof of identity.
If I rehire a former employee, do I need to complete a new I-9 form?	If you rehire a former employee within three years of the date of their original I-9, you can complete Supplement B, Reverification and Rehire, instead of completing a new Form I-9.
What alternative options do I have to verify an employee’s I-9 documents?	If you are an employer in good standing and enrolled in E-Verify, you may be eligible to use the alternative procedure to examine copies of documents remotely.