Quick answer
- The I-9 form proves a new hire's identity and right to work in the US. The current edition is dated 01/20/25; the 08/01/23 edition that expires 05/31/2027 is also still accepted.
- The employee completes Section 1 by their first day of work for pay. You complete Section 2 within 3 business days of that day, after examining the documents they choose to show.
- Keep each form for 3 years after the hire date or 1 year after employment ends, whichever is later. Do not mail it to USCIS.
Form I-9, Employment Eligibility Verification, is the federal I-9 form every US employer must complete for every person it hires, citizen or not, to confirm who they are and that they are allowed to work in the United States. It comes from U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security (DHS). It is short, but the rules around it are strict: there are deadlines measured in business days, a fixed list of acceptable documents, and fines for paperwork errors. This guide walks through the form section by section using USCIS guidance, with dated examples and the mistakes we see most often. You can download the official form at uscis.gov/i-9.
What the I-9 form is and who needs one
The I-9 has existed since the Immigration Reform and Control Act of 1986. Employers must complete one for each employee hired after November 6, 1986 who works for pay in the US. That includes part-time, seasonal and minor employees, and family members on payroll.
- It is for employees, not contractors. Genuine independent contractors do not fill out an I-9. If you are not sure which a worker is, read our guide to 1099 vs W-2 workers before you decide.
- It is not a tax form. Tax withholding comes from a different form. Our W-4 form guide covers that one, and both sit in the same stack of new hire paperwork.
- It stays with you. You do not file the I-9 with any agency. You keep it and show it if the government asks to inspect it.
The form has two main sections and two supplements:
| Part | Who completes it | What it covers |
|---|---|---|
| Section 1 | Employee | Name, address, date of birth, citizenship or immigration status, signature |
| Section 2 | Employer or authorized representative | The documents examined, the first day of work, employer signature and business address |
| Supplement A | Preparer or translator | Used only when someone helps the employee complete Section 1 |
| Supplement B | Employer | Reverification when work authorization expires, rehires and optional name changes |
Which I-9 form 2026 edition to use
The edition date is printed at the bottom of each page of the form and instructions. As of November 4, 2026, USCIS lists these editions on its Form I-9 page:
- 01/20/25 edition: the current version, and the one to download for new hires, rehires and reverifications. Compared with the 2023 form, it adds "Alien Authorized to work" wording in Section 1, uses "sex" instead of "gender" in two List B document descriptions, and updates the DHS privacy notice.
- 08/01/23 edition with an expiration date of 05/31/2027: still acceptable until that date. The expiration date is printed at the top of the form.
- 08/01/23 edition with an expiration date of 07/31/2026: no longer acceptable. That date has passed. USCIS also told employers using electronic I-9 systems to update to the version that expires 05/31/2027 by July 31, 2026.
You do not need to redo I-9s for current employees just because a new edition came out. Use the current edition for new forms, and check uscis.gov/i-9 before each hiring season in case a newer edition is released. The Spanish version can be completed only by employers in Puerto Rico; elsewhere it is a translation aid.
I-9 deadlines: Section 1 and Section 2
Two deadlines matter, and both run from the employee's first day of work for pay:
- Section 1: the employee must complete and sign it no later than their first day of work for pay. They can do it any time after accepting the job offer, never before.
- Section 2: you must complete it within 3 business days of the first day of work for pay. USCIS's own example: an employee who starts work on Monday must have Section 2 done by Thursday of that week.
- Jobs under 3 days: if the job lasts less than 3 days, Section 2 is due by the end of the first day of work for pay.
Example. Jordan accepts a line cook job on Thursday, November 12, 2026, and works his first paid shift on Monday, November 16. He fills out Section 1 on his phone over the weekend. On Monday, his manager examines his documents in person and completes Section 2 the same day, well ahead of the deadline of Thursday, November 19. Had Jordan arrived on Monday with no documents, the manager would still have until Thursday for him to bring them in.
Build these steps into your employee onboarding checklist so the clock never surprises a busy manager.
How to complete the I-9, section by section
Section 1: the employee's part
The employee enters their legal name, other last names used, address, date of birth and contact details, then checks one citizenship or immigration status box and signs under penalty of perjury. A few rules trip people up:
- Social Security number is optional unless the employer uses E-Verify. E-Verify employers must have the SSN.
- The employee fills it out, not you. You can answer questions, but you cannot choose the status box for them or tell them what to write.
- Review it before Section 2. Make sure every required field is complete and signed.
Supplement A: preparers and translators
If someone helps the employee fill out Section 1, such as a family member or an HR staffer translating, that helper completes Supplement A with their name, address and signature. The employee still signs Section 1 personally. Each helper completes a separate block, and you keep the supplement with the form. If nobody helped, you do not need it.
Section 2: the employer's part
The employee shows you either one List A document, or one List B document plus one List C document. The choice is theirs. You then:
- Examine the original, unexpired documents with the employee present (or use the remote alternative procedure, below).
- Check that each one reasonably appears genuine and relates to the person in front of you.
- Record each document's title, issuing authority, number and expiration date, if any.
- Enter the first day of employment, your name, title, signature and the date, and the business name and physical address. A P.O. box is not allowed.
You are not expected to be a document expert. If a document reasonably appears genuine, accept it; if it plainly does not, you should not.
Supplement B: reverification and rehires
- Reverification: required when an employee's employment authorization, or the document showing it, expires. Reverify no later than the earlier of the two dates. The employee shows any acceptable List A or List C document of their choosing. USCIS suggests giving at least 90 days' notice.
- Never reverify: U.S. citizens and noncitizen nationals, lawful permanent residents who showed a Permanent Resident Card (Form I-551), and List B identity documents.
- Rehires within 3 years: optional. You can complete Supplement B on the original form, if it relates to the employee, or simply complete a new I-9.
- Name changes: you may record them in Supplement B but are not required to.
Form I-9 list of acceptable documents
USCIS publishes the full Lists of Acceptable Documents on its I-9 Central site and on the last page of the form. These are the main I-9 documents on each list:
| List A: identity and work authorization | List B: identity only | List C: work authorization only |
|---|---|---|
| U.S. passport or U.S. passport card | Driver's license or ID card issued by a state or outlying US possession | U.S. Social Security card, if unrestricted (not one that says "not valid for employment") |
| Permanent Resident Card (Form I-551) | ID card issued by a federal, state or local government agency | Original or certified copy of a birth certificate from a state, county, municipal authority or US territory, with an official seal |
| Employment Authorization Document with photo (Form I-766) | School ID card with a photo | Certification of report of birth from the Department of State (Form DS-1350, FS-545 or FS-240) |
| Foreign passport with a temporary I-551 stamp or printed notation | Voter registration card; U.S. military card or draft record; military dependent's ID card | Native American tribal document |
| Foreign passport with Form I-94 or I-94A showing work authorization | U.S. Coast Guard Merchant Mariner Card; Native American tribal document | U.S. Citizen ID Card (Form I-197) or Form I-179 |
| Passport from Micronesia or the Marshall Islands with Form I-94 or I-94A | Driver's license issued by a Canadian government authority | Employment authorization document issued by DHS |
For workers under 18 who cannot show a List B document, a school record or report card, a clinic, doctor or hospital record, or a day-care or nursery school record can stand in. Receipts for a replacement of a lost, stolen or damaged document are accepted temporarily in some cases, with time limits set out in the USCIS Handbook for Employers (M-274).
Two things that never count: photocopies (except a certified copy of a birth certificate) and expired documents, with narrow exceptions USCIS announces for specific documents.
Remote document examination for E-Verify employers
DHS allows an alternative procedure that replaces in-person examination with a video check. You can use it only if you are enrolled in E-Verify for every hiring site that uses it, are in good standing, and have completed E-Verify's fraudulent document awareness training. The steps from USCIS:
- The employee sends you copies of their documents, front and back for two-sided documents.
- You review the copies to confirm they reasonably appear genuine and relate to the employee.
- You hold a live video call where the employee presents the same documents.
- You keep clear, legible copies of the documents with the I-9.
- You check the alternative procedure box in the Additional Information field of Section 2 (or in Supplement B for reverification and rehires).
You may offer it to remote hires only and examine documents in person for onsite staff. But you cannot choose who gets it based on citizenship, immigration status or national origin, and if you offer it at a hiring site, you must apply it consistently to everyone there.
E-Verify basics
E-Verify is the free DHS web system that checks the information from a completed I-9 against DHS and Social Security Administration records. For most private employers, federal law makes it voluntary. Key rules:
- Timing: create the case no later than the third business day after the employee starts work for pay. It starts from a completed I-9, so it cannot be used to prescreen applicants.
- Mismatches: if the record does not match, called a tentative nonconfirmation or mismatch, you must tell the employee. If they choose to act, they have eight federal government working days to contact DHS or visit an SSA office.
- No adverse action: while a mismatch is unresolved, E-Verify says you may not fire, suspend, delay training, withhold or lower pay, or take other adverse action because of it.
- Who must use it: many federal contractors with an E-Verify clause in their contract, and employers in states that require it. Arizona, Alabama, Mississippi and South Carolina are widely reported to require it for all or nearly all employers. Several others, including Georgia, North Carolina, Tennessee and Florida, require it for private employers above a headcount threshold, and some states require it only for public employers or state contractors. Thresholds have changed recently, so check your state's current law before you hire there.
Using E-Verify does not replace the I-9. You complete the form for every hire either way, and every hire at an enrolled site goes through E-Verify, not just some.
How long to keep the I-9 form
Under the DHS regulation at 8 CFR 274a.2, keep each I-9 for 3 years after the date of hire or 1 year after employment ends, whichever is later. For current employees, that means as long as they work for you.
| Employee | Hire date | Last day | 3 years after hire | 1 year after leaving | Keep until |
|---|---|---|---|---|---|
| Long-tenured | March 2, 2020 | August 14, 2026 | March 2, 2023 | August 14, 2027 | August 14, 2027 |
| Short-tenured | January 5, 2026 | February 13, 2026 | January 5, 2029 | February 13, 2027 | January 5, 2029 |
A quick rule of thumb: if someone worked for you less than 2 years, the 3-year-from-hire date usually controls; if longer, the 1-year-after-leaving date does. Storage rules:
- Keep forms on paper, microfilm, microfiche or electronically, onsite or offsite. Electronic systems need integrity controls, an audit trail and an index.
- Keep any document copies with the matching form.
- Be ready to produce forms within 3 business days of an inspection notice.
- Store I-9s separately from personnel files if you can, so an inspector sees only what they asked for.
- Never mail an I-9 to USCIS or Immigration and Customs Enforcement (ICE).
Anti-discrimination rules for I-9 documents
The Immigrant and Employee Rights Section (IER) of the Department of Justice enforces the law against unfair documentary practices in the I-9 and E-Verify process, as well as citizenship status and national origin discrimination in hiring and firing. In practice:
- Do not ask for specific documents. Never say "bring your green card" or "we need a passport". Hand over the Lists of Acceptable Documents and let the employee choose.
- Do not ask for more than the rules require. If they show a valid List A document, do not ask for List B or C too.
- Treat everyone the same. Same timing, same process, same copying policy. The regulation warns that copying documents only for people of certain national origins or citizenship statuses may be illegal.
- Do not reject documents that reasonably appear genuine, and do not reverify people who never need it, such as U.S. citizens.
Employers with questions can call the IER employer hotline at 1-800-255-8155; workers can call 1-800-255-7688. Put your I-9 process in writing, and reference it in your employee handbook so every manager follows the same steps.
Common I-9 mistakes and penalties
Most problems are paperwork, not fraud. The ones to watch for:
- Completing Section 2 after the 3-business-day deadline, or never completing it for short-term or seasonal hires.
- Using an expired edition of the form, such as the 08/01/23 version that expired 07/31/2026.
- Leaving Section 1 unsigned, missing the status box, or omitting the alien or USCIS number where required.
- Recording documents in the wrong column, or recording a List A document along with a List B and C combination.
- Missing reverification dates, or reverifying documents that should never be reverified.
- Backdating corrections. To fix an error, draw a line through it, enter the correct information, and initial and date the change. Never use correction fluid.
- Throwing forms away early, or keeping them long after the retention date.
Penalties. Fines are set in 8 CFR 274a.10 and adjusted for inflation by DHS. The current table there sets paperwork violations at $288 to $2,861 per form for violations after November 2, 2015, depending on the size of the business, good faith, how serious the violation is and past violations. Knowingly hiring or continuing to employ an unauthorized worker carries much higher fines, starting at $716 to $5,724 per worker for a first offense, and can lead to criminal charges in serious cases. DHS updates these amounts periodically, so check the regulation for the figures in effect when a penalty is assessed.
A yearly internal audit of a sample of forms is a cheap way to catch errors. Keeping the I-9 status of each hire next to their payroll record helps too; our guide to how to process payroll shows where new hire paperwork fits before the first pay run.
Frequently asked questions
Can an I-9 be completed before the first day of work?
Yes, once the person has accepted the job offer. USCIS says Section 1 can be completed any time after acceptance and no later than the first day of work for pay. Section 2 can also be done early, after acceptance. What you cannot do is use the I-9 to screen applicants before you make an offer.
Do I need an I-9 for independent contractors?
No. The I-9 is for employees you hire to work in the United States. Genuine independent contractors do not fill one out. If you control the work the way an employer would, the worker is probably an employee, and you need an I-9, a W-4 and payroll withholding. Classify carefully before deciding.
Can an employee give me a photo of their documents instead of the originals?
Generally no. You must examine original, unexpired documents with the employee present. The exception is the DHS alternative procedure, open only to employers enrolled in E-Verify and in good standing, where you review copies and then see the same documents on a live video call, keep the copies and check the box in Section 2.
Do I have to make photocopies of I-9 documents?
Not under the general rule; copying is optional. But if you copy documents for some employees, do it for all of them, because copying only for certain groups can be discrimination. Copies are required if you use the remote alternative procedure, and E-Verify photo matching has its own copy rules. Keep any copies with the form.
Do I send the I-9 to USCIS or the government?
No. USCIS says never mail Forms I-9 to USCIS or Immigration and Customs Enforcement. You keep them on file, on paper or in a compliant electronic system, and must produce them within three business days if a federal agency gives notice of an inspection. Store them for the full retention period.
What happens if an employee's work authorization expires?
You must reverify in Supplement B no later than the date the authorization or document expires, whichever is earlier. The employee picks any acceptable List A or List C document. You never reverify U.S. citizens, Permanent Resident Cards or List B identity documents. USCIS suggests giving at least 90 days' notice before the date.