I-9 Employment Verification: Complete Employer Guide [2026]

Quick Answer: What Is Form I-9?

Form I-9, Employment Eligibility Verification, is a federal form required by the Immigration and Nationality Act (INA) that every US employer must complete for each employee hired after November 6, 1986. The form verifies both:

1. Identity -- the employee is who they claim to be
2. Employment authorization -- the employee is legally authorized to work in the United States

Form I-9 is not filed with any government agency. Employers retain it on file and must produce it upon request during a government audit or inspection by Immigration and Customs Enforcement (ICE), the Department of Labor, or the Office of Special Counsel for Immigration-Related Unfair Employment Practices.

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Section 1: Employee Information and Attestation

Section 1 must be completed by the employee on or before their first day of employment (the day work begins for pay). It cannot be completed before the employee has accepted a job offer.

What the Employee Provides

• Full legal name (last name, first name, middle initial)
• Other last names used (maiden name, previous married name)
• Address (street, apartment number, city, state, ZIP code)
• Date of birth
• Social Security number (required if the employer participates in E-Verify; otherwise voluntary unless required for reporting purposes)
• Email address and telephone number (optional)

Citizenship/Immigration Status Attestation

The employee must check one of four boxes:

1. A citizen of the United States
2. A noncitizen national of the United States (persons born in American Samoa, certain former citizens of the Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad)
3. A lawful permanent resident (must provide Alien Registration Number/USCIS Number)
4. An alien authorized to work until a specific expiration date (must provide either an Alien Registration Number/USCIS Number, Form I-94 Admission Number, or foreign passport number with country of issuance)

The employee must sign and date the form. If an employee cannot complete Section 1 without assistance, a preparer and/or translator may help and must complete the Supplement A certification.

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Section 2: Employer Review and Verification

The employer (or authorized representative) must complete Section 2 within three business days of the employee's first day of employment. For example, if an employee starts work on Monday, Section 2 must be completed by Thursday.

Examining Documents

The employer must physically examine original documents presented by the employee to establish identity and employment authorization. The employee chooses which documents to present from three lists:

List A: Documents That Establish Both Identity and Employment Authorization

• U.S. Passport or U.S. Passport Card
• Permanent Resident Card (Form I-551, "green card")
• Foreign passport with Form I-94 containing an endorsement of nonimmigrant status with work authorization
• Employment Authorization Document (Form I-766, EAD card)
• Foreign passport with Form I-551 stamp or MRIV
• Passport from the Federated States of Micronesia or the Republic of the Marshall Islands with Form I-94

List B: Documents That Establish Identity Only

• Driver's license or ID card issued by a state
• ID card issued by federal, state, or local government
• School ID card with photograph
• Voter registration card
• U.S. Military card or draft record
• Military dependent's ID card
• U.S. Coast Guard Merchant Mariner Document
• Native American tribal document
• Driver's license issued by a Canadian government authority (for Canadian employees)

For employees under age 18 who cannot present the above, acceptable List B documents include a school record, clinic/hospital record, or daycare/nursery school record.

List C: Documents That Establish Employment Authorization Only

• Social Security Account Number card (unrestricted, without employment restriction notations)
• Certification of report of birth issued by the Department of State (Forms DS-1350, FS-545, FS-240)
• Original or certified copy of birth certificate with an official seal from a state, county, municipal authority, or outlying territory
• 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 the Department of Homeland Security

The Employee Chooses

The employee can present one document from List A OR one document from List B plus one document from List C. Employers cannot specify which documents an employee must present. Doing so constitutes document abuse and violates the INA anti-discrimination provisions.

Recording Document Information

For each document examined, the employer records:

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

The employer must also record the employee's first day of employment and sign the certification confirming they examined the documents and they appear genuine and relate to the person presenting them.

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Section 3: Reverification and Rehires

Section 3 is used in two situations:

Reverification

When an employee's work authorization has an expiration date (as indicated in Section 1), the employer must reverify before that date. The employer examines a document showing continued employment authorization and records it in Section 3.

Important rules for reverification:

• Employers must reverify on or before the expiration date of the work authorization
• Only employment authorization needs reverification (not identity)
• The employee can present any valid List A or List C document for reverification
• Employers cannot request specific documents or require the same document previously presented
• U.S. passports and permanent resident cards (green cards) are never subject to reverification, even if expired on the face of the document

Rehires

If an employer rehires an employee within 3 years of the original I-9 completion date, they may use Section 3 instead of completing a new Form I-9, provided the employee is still authorized to work.

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E-Verify

E-Verify is a web-based system operated by USCIS and the Social Security Administration that allows employers to electronically confirm employment eligibility. Key points:

Who Must Use E-Verify

• Federal contractors and subcontractors with the FAR E-Verify clause
• Employers in states with mandatory E-Verify laws (currently including Alabama, Arizona, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Utah, with varying thresholds)
• All employers are eligible to voluntarily participate

How E-Verify Works

1. Employer completes Form I-9 as normal
2. Employer enters employee information from Section 1 and Section 2 into the E-Verify system
3. E-Verify checks the information against SSA and DHS databases
4. System returns one of three results:
   • Employment Authorized: The information matches government records
   • Tentative Nonconfirmation (TNC): The information does not match. The employee has 8 federal government work days to contest
   • Final Nonconfirmation: After the contest period, if the issue is not resolved, the employer must terminate employment

E-Verify Timing

• The E-Verify case must be created no later than the third business day after the employee starts work for pay
• Employers cannot create a case before the employee starts work (pre-screening is prohibited)
• E-Verify cannot be used selectively -- if an employer participates, it must use E-Verify for all new hires (or all new hires at enrolled sites)

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Remote I-9 Verification

The COVID-Era Flexibility

During the COVID-19 pandemic, DHS temporarily allowed employers to examine I-9 documents remotely (via video call, fax, or email). This flexibility ended on August 30, 2023.

Current Alternative Procedure

Effective August 1, 2023, DHS introduced an optional alternative procedure for employers enrolled in E-Verify in good standing. Under this procedure:

• Employers may examine documents remotely via live video interaction (not pre-recorded or static images)
• Documents must be transmitted via email, fax, or other electronic means and then examined over a live video call
• The employer must retain copies of the front and back of all documents examined remotely
• The employer enters "alternative procedure" in the Additional Information field of Section 2
• If selected for audit, the employer may still need to present the original documents in person

Employers not enrolled in E-Verify must examine documents in person. They may use an authorized representative (any person over 18) to examine documents on their behalf at a location convenient to the employee.

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Storage, Retention, and Disposal

How Long to Keep I-9 Forms

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

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

Example: An employee hired on January 15, 2024 who leaves on March 1, 2025:

• 3 years after hire = January 15, 2027
• 1 year after termination = March 1, 2026
• Retain until: January 15, 2027 (the later date)

Example: An employee hired on February 1, 2020 who leaves on December 15, 2025:

• 3 years after hire = February 1, 2023
• 1 year after termination = December 15, 2026
• Retain until: December 15, 2026 (the later date)

Storage Methods

I-9 forms can be stored as:

• Paper originals in a filing cabinet or binder
• Microfilm or microfiche copies
• Electronic copies (scanned or digitally completed), provided the system meets DHS requirements for security, indexing, and retrievability

Many employers store I-9 forms separately from personnel files to simplify production during a government audit (so they do not need to expose the entire personnel file).

Disposal

After the retention period expires, employers should securely destroy I-9 forms by shredding, burning, or electronic deletion. There is no penalty for retaining forms longer than required, but retaining forms with errors beyond the required period provides no benefit and creates unnecessary audit exposure.

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Common I-9 Mistakes and How to Avoid Them

Technical Errors

1. Missing or incomplete fields: Every field must be completed. Use "N/A" where a field does not apply
2. Late completion: Section 1 must be done on or before the first day of work; Section 2 within 3 business days
3. Wrong form version: Always use the version with the most current revision date
4. Missing signatures or dates: Both employee (Section 1) and employer (Section 2) must sign and date
5. Using correction fluid (white-out): Cross out errors with a single line, initial, and date the correction

Substantive Errors

1. Over-documentation: Asking for more documents than required (e.g., requesting both a List A and List B+C)
2. Document abuse: Specifying which documents an employee must present, or rejecting valid documents
3. Discriminatory practices: Treating employees differently based on citizenship status or national origin when completing I-9s
4. Failure to reverify: Not reverifying employees with temporary work authorization before their authorization expires
5. Reverifying permanent residents: Green card holders and U.S. citizens never need reverification

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Penalties for I-9 Violations

ICE conducts I-9 audits (also known as "desktop audits" or "silent raids") by serving a Notice of Inspection (NOI). Employers have 3 business days to produce their I-9 forms. Penalties include:

Civil Penalties for Paperwork Violations (per form)

Note: These are the 2024 penalty amounts, adjusted annually for inflation.

Civil Penalties for Knowingly Hiring/Continuing to Employ

Criminal Penalties

• Pattern or practice of knowingly hiring unauthorized workers: fines and/or up to 6 months imprisonment
• Document fraud: fines and/or up to 5 years imprisonment

Self-Audit Protection

Employers who conduct voluntary internal I-9 audits and correct errors before a government inspection can significantly reduce penalties. Courts and ICE consider good-faith compliance efforts as mitigating factors.

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Best Practices for I-9 Compliance

At Hiring

• Provide Form I-9 to the employee on or before the first day of work
• Ensure Section 1 is completed on or before the first day of employment
• Complete Section 2 within 3 business days of the start date
• Accept any valid combination of List A, or List B + List C documents
• Never request specific documents or more documents than required
• Apply the same process to every new hire regardless of citizenship or national origin

Ongoing Management

• Track work authorization expiration dates and set reminders for reverification
• Complete reverification on or before the expiration date
• Conduct annual internal I-9 audits to identify and correct errors
• Keep I-9 forms in a separate, secure file from personnel records
• Set up a retention schedule and dispose of expired I-9s securely

Using HR Software

Modern HR systems can automate much of the I-9 compliance burden:

• Digital I-9 completion with built-in validation and error checking
• Automatic retention calculations based on hire and termination dates
• Expiration date tracking with advance notifications for reverification
• Audit-ready storage with electronic signatures and document imaging
• E-Verify integration for employers required or choosing to participate

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How Grove HR Streamlines I-9 Compliance

Grove HR simplifies employment verification for US employers:

• Digital I-9 workflow guides employees and employers through each section with validation
• Document checklist presents List A, B, and C options clearly without favoring specific documents
• Automatic reminders alert HR teams before work authorization expiration dates
• Retention calculator automatically determines the correct disposal date for each form
• Secure storage keeps I-9 forms separate from personnel files with full audit trail
• Onboarding integration includes I-9 completion as a tracked step in the new hire workflow