Form I-9, Employment Eligibility Verification, is the federal form every US employer must complete for each new hire to confirm the person’s identity and authorization to work in the United States. The employee fills in Section 1 by their first day of work, and the employer reviews their documents and completes Section 2 within three business days. This guide walks through each step and the mistakes that most often trip employers up.
The rules come from US Citizenship and Immigration Services (USCIS), which publishes the form, its instructions and the I-9 Central guidance for employers. You’ll find links to the official pages throughout, so you can check details against the source.
What Form I-9 is and who must complete it
Form I-9 applies to every person you hire to work for pay in the United States, including US citizens. It is not filed with the government. You complete it, keep it on file and show it only if an authorized agency asks to inspect it.
A few points that often cause confusion:
- Every new employee needs one, regardless of citizenship, job title or whether the role is full-time, part-time or seasonal.
- Independent contractors do not complete Form I-9 with you. That is one more reason to classify workers correctly; see our guide to W-2 vs 1099 workers.
- Staffing agency workers: the agency that employs them normally verifies them, not the client business where they work.
- You cannot complete Form I-9 before the employee accepts a job offer. Don’t ask employees to fill it in as part of an application.
How to complete Form I-9 step by step
The current form, edition 01/20/25, has a two-page main form plus two supplements. The official Form I-9 PDF sets out the timing and the responsibilities for each part.
Step 1: The employee completes Section 1
The employee enters their name, address, date of birth and other personal details, then checks the box that describes their status: US citizen, noncitizen national, lawful permanent resident, or a noncitizen authorized to work. They sign and date it no later than their first day of employment.
Section 1 is the employee’s own attestation. You should not fill it in for them or tell them which box to check. If someone helps them because of language or other needs, that helper completes Supplement A, the Preparer and/or Translator Certification.
Step 2: The employee presents acceptable documents
The employee chooses which documents to present from the Lists of Acceptable Documents. They may show either one document from List A, or one document from List B plus one from List C. Documents must be unexpired, and in most cases you must see the originals.
Step 3: The employer examines documents and completes Section 2
Within three business days after the employee’s first day of employment, you or an authorized representative must examine the documents, record their title, issuing authority, number and expiration date, enter the employee’s first day of work and sign the certification. If the job lasts less than three business days, you must complete Section 2 by the first day.
Step 4: Keep the form and track reverification
File the completed form securely and note any work authorization that has an expiration date. When it expires, use Supplement B, Reverification and Rehire, to record the new document the employee chooses to present.
I-9 documents: Lists A, B and C
USCIS keeps the full list on its Form I-9 acceptable documents page. The table below summarizes the three lists with common examples.
| List | What it proves | Common examples |
|---|---|---|
| List A | Identity and employment authorization (one document is enough) | US passport or passport card; Permanent Resident Card; Employment Authorization Document (Form I-766) |
| List B | Identity only (pair with a List C document) | State driver’s license or ID card; school ID with photo; US military card |
| List C | Employment authorization only (pair with a List B document) | Social Security card without employment restrictions; US birth certificate; Native American tribal document |
Two rules protect employees here. You cannot ask for a specific document, such as insisting on a passport, and you cannot ask for more documents than the form requires. The form’s own instructions warn that treating employees differently based on citizenship, immigration status or national origin may be illegal.
I-9 verification and E-Verify
Federal law requires Form I-9 for every employer. E-Verify is a separate online system run by the Department of Homeland Security that compares the information from a completed Form I-9 with government records. For most private employers, E-Verify is voluntary at the federal level, but federal contractors with certain contract clauses and employers in some states must use it.
Florida is one of those states. According to the Florida Department of Revenue E-Verify FAQ, since July 1, 2023, Florida public agencies and private employers with 25 or more employees must use E-Verify for new hires, and all Florida employers must verify each new employee’s eligibility within three business days after their first day of paid work.
If you use E-Verify, you still complete Form I-9 first. You create E-Verify cases from the information on the form, not in place of it.
Remote document examination
Employers enrolled in E-Verify and in good standing may use a DHS-authorized alternative procedure instead of physically examining documents. Per the USCIS remote examination page, this involves reviewing copies of the documents, holding a live video call where the employee presents the same documents, keeping clear copies, and checking the alternative procedure box on the form. If you offer it at a hiring site, you must offer it consistently and not choose who gets it based on citizenship, immigration status or national origin.
How long to keep Form I-9 records
Per the USCIS Handbook for Employers (M-274), you must keep each employee’s Form I-9 for three years after the date of hire, or one year after the date employment ends, whichever is later. You can store forms on paper or electronically, and you must be able to produce them within three business days of an inspection request.
Many employers keep I-9s separate from personnel files. That makes inspections simpler and limits who sees the employee’s immigration-related information.
Common Form I-9 mistakes to avoid
Most I-9 problems come from rushed onboarding rather than bad intent. Build these checks into your new hire onboarding checklist:
- Missing the deadlines. Section 1 by day one and Section 2 within three business days.
- Using an outdated edition. Download the form from USCIS and check the edition date in the footer.
- Leaving fields blank, such as the first day of employment, the employer’s title or the document expiration dates.
- Over-documenting. Asking for specific documents, or for both a List A and List B/C set.
- Accepting expired documents, unless USCIS guidance allows a specific extension or receipt.
- Forgetting reverification when an employee’s temporary work authorization expires.
- Purging forms too early or too late. Apply the three-year/one-year rule to each former employee.
If you find an error, correct it rather than starting a new form: draw a line through the wrong information, enter the correct information, and initial and date the change. Never backdate a form.
Form I-9 FAQ
What is an I-9 form for?
Form I-9 records that an employer verified a new hire’s identity and authorization to work in the United States. Federal law requires it for every new employee. The employer keeps it rather than filing it with the government.
What documents do you need for I-9?
The employee presents either one document from List A, such as a US passport or Permanent Resident Card, or one document from List B, such as a driver’s license, plus one from List C, such as an unrestricted Social Security card. The employee chooses which acceptable documents to present.
Can you fill out your own I-9 form?
An employee completes their own Section 1. The employer or an authorized representative who examines the documents must complete Section 2. If you own a company and are also on its payroll as an employee, you complete both sections for yourself.
Is Form I-9 required for remote employees?
Yes. Remote employees need Form I-9 too. You can examine documents in person, appoint an authorized representative near the employee, or, if you are an E-Verify employer in good standing, use the DHS-authorized remote examination procedure.
This article is general information, not legal or tax advice. Check with a qualified professional for your situation.
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