Definition
A US Citizenship and Immigration Services form that employers must use to verify the identity and employment authorisation of every individual hired for employment in the United States, regardless of citizenship status.
US Context
I-9 compliance is enforced by US Immigration and Customs Enforcement (ICE). The current Form I-9 was updated in August 2023 and includes an alternative procedure for E-Verify employers to examine documents remotely. All employers must use the current version. Penalties for knowingly hiring unauthorised workers can reach $27,018 per worker for repeat offenders. Many employers use E-Verify in conjunction with I-9 to further validate employment eligibility.
Best Practices
- Complete Section 1 on or before the employee's first day and Section 2 within three business days of the start date
- Accept any valid document or combination from the Lists of Acceptable Documents — never request specific documents
- Set up calendar reminders for employment authorisation expiration dates to ensure timely reverification
- Conduct periodic internal I-9 audits to identify and correct errors before a government inspection
Frequently Asked Questions
Who must complete an I-9?
Every person hired for employment in the United States must have a completed I-9, regardless of citizenship status. This applies to US citizens, permanent residents, and authorised foreign workers alike. Independent contractors are not required to complete an I-9.
How long must I-9 forms be retained?
Employers must retain I-9 forms for three years after the date of hire or one year after the date employment ends, whichever is later. Forms can be stored on paper, microfilm, or electronically.
What is the penalty for I-9 violations?
Civil penalties for substantive violations or uncorrected technical errors range from $272 to $2,701 per form for first offences. Penalties for knowingly hiring or continuing to employ unauthorised workers range from $676 to $27,018 per worker depending on the number of prior offences.