NEWWorklio Insurance: benefits and pay-as-you-go workers' comp, built into payroll.Learn more
HCM
COMPLIANCE

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.

Updated 4 min read4 primary sources

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.

  1. 01

    Section 1, Employee Information and Attestation. The employee attests to work authorization and signs, no later than the first day of employment.

    REQUIRED
  2. 02

    Supplement A. Each preparer or translator who helped with Section 1 completes a certification, kept with the form.

    OPTIONAL
  3. 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
  4. 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.

LISTWHAT IT PROVESEXAMPLE
List AIdentity and employment authorizationU.S. passport
List BIdentityDriver’s license
List CEmployment authorizationUnrestricted 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

No. You must let the employee choose which documents to present from the Lists of Acceptable Documents. If the employee presents an acceptable List A document, you do not ask for List B or List C. If the employee presents List B and List C documents, you do not ask for List A.

SOURCES
  1. 8 CFR 274a.2, Verification of identity and employment authorization
  2. USCIS, I-9, Employment Eligibility Verification
  3. USCIS, 4.0 Completing Section 2: Employer Review and Verification
  4. 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.

RELATED TERMS

Your next payroll could be your first one on Worklio.