Form I-9
Form I-9 is the federal form every U.S. employer completes for each new hire to verify identity and employment authorization, from documents the employee chooses.
- FORM
- Form I-9, Employment Eligibility Verification
- WHO FILES
- Employee and employer; kept by you, not filed
- NO DOCUMENTS?
- Nothing shown in 3 business days: may terminate
- WATCH FOR
- Telling an employee which documents to present
The employee completes and signs Section 1 no later than the first day of employment. You examine the employee’s original documents and complete Section 2 within three business days of the first day of work for pay. You do not file the form with USCIS or ICE. You keep it for three years after the date of hire or one year after employment ends, whichever is later. When work authorization expires, you reverify it in Supplement B.
What’s on the form?
Section 1 and Section 2 apply to every new hire. The two supplements apply only when their situation arises.
- 01
Section 1, Employee Information and Attestation. The employee attests to work authorization and signs, no later than the first day of employment.
REQUIRED - 02
Supplement A. Each preparer or translator who helped with Section 1 completes a certification, kept with the form.
OPTIONAL - 03
Section 2, Employer Review and Verification. You examine the documents and enter each one’s title, issuing authority, and any number and expiration date.
REQUIRED - 04
Supplement B. You complete it to reverify expired work authorization or to document a rehire.
OPTIONAL
Which documents qualify?
The employee chooses one List A document, or one List B document plus one List C document. You cannot specify which. You cannot reject a document that reasonably appears genuine and relates to the employee. In a physical examination, copies are not acceptable, except certified copies of birth certificates.
| LIST | WHAT IT PROVES | EXAMPLE |
|---|---|---|
| List A | Identity and employment authorization | U.S. passport |
| List B | Identity | Driver’s license |
| List C | Employment authorization | Unrestricted Social Security card |
When is it due, and how long do you keep it?
- First dayThe employee completes and signs Section 1 no later than the first day of employment.
- 3 business daysYou complete Section 2 within three business days of the first day of work for pay. For a job under three business days, complete it on day one.
- 3 years or 1 yearYou keep the form three years after the date of hire or one year after employment ends, whichever is later.
Frequently asked
- 8 CFR 274a.2, Verification of identity and employment authorization
- USCIS, I-9, Employment Eligibility Verification
- USCIS, 4.0 Completing Section 2: Employer Review and Verification
- USCIS, Remote Examination of Documents (Optional Alternative Procedure to Physical Document Examination)
General information, not legal or tax advice. Apply current federal and state rules with qualified guidance.