How to complete Form I-9 for new hires

What is Form I-9?

Form I-9, Employment Eligibility Verification, is a document required by US Citizenship and Immigration Services (USCIS) that every employer must complete for each individual they hire. The purpose is to verify both the identity and employment authorisation of every person hired to work in the United States.

The requirement applies to all employers regardless of size, and to all employees regardless of citizenship status. Both US citizens and non-citizens must complete Form I-9.

What is the Form I-9 process?

Section 1: Employee's Responsibility

The employee must complete Section 1 no later than their first day of employment (but not before accepting the job offer). Section 1 requires:

• Full legal name
• Other last names used (if any)
• Current address
• Date of birth
• Social Security number (required if the employer uses E-Verify; otherwise voluntary)
• Citizenship or immigration status (US citizen, non-citizen national, lawful permanent resident, or authorised alien)
• Employee signature and date

The employer cannot tell the employee which documents to present and cannot reject valid documents that appear genuine.

Section 2: Employer's Responsibility

The employer (or authorised representative) must complete Section 2 within 3 business days of the employee's first day of work. This involves:

1. Physically examining the original documents the employee presents (or using an authorised alternative procedure)
2. Recording document information including document title, issuing authority, document number, and expiration date
3. Signing and dating the certification

Acceptable Documents

Employees must present documents from one of three categories:

• List A (proves both identity and employment authorisation): US passport, permanent resident card, employment authorisation document, foreign passport with Form I-94, etc.
• List B (proves identity only): Driver's licence, state ID, voter registration card, military ID, etc.
• List C (proves employment authorisation only): Social Security card (unrestricted), birth certificate, US citizen ID card, etc.

An employee may present one List A document OR one List B document plus one List C document.

Section 3: Reverification and Rehires

Section 3 is used when:

• An employee's work authorisation expires and needs reverification
• An employee is rehired within 3 years of the original Form I-9 date
• An employee changes their legal name

Important: Employers may not reverify US citizens, non-citizen nationals, or lawful permanent residents. Only employees with temporary work authorisation require reverification.

How long must employers retain Form I-9?

Employers must retain Form I-9 for whichever is later:

• 3 years after the date of hire, OR
• 1 year after the date of termination

Forms can be stored in paper, microfilm, microfiche, or electronic format.

What are the penalties for I-9 violations?

Penalties for I-9 violations are significant and were last adjusted in 2024:

Common Form I-9 mistakes to avoid

• Completing Section 2 late (after the 3-business-day deadline)
• Specifying which documents the employee must present (document abuse)
• Accepting photocopies or expired documents
• Failing to reverify employees with temporary work authorisation
• Not retaining forms for the required period
• Using an outdated version of Form I-9

How Grove HR Helps

Grove HR sends automated I-9 reminders during onboarding, tracks the 3-business-day completion deadline, stores digital copies of verified documents, and alerts HR when work authorisation is approaching expiration for timely reverification.