I-9 Verification

The federal employment eligibility verification process requiring employers to confirm that all new hires are authorized to work in the United States.

Form I-9 is a U.S. Citizenship and Immigration Services (USCIS) form that employers are required by law to complete for every new employee hired in the United States, regardless of citizenship or immigration status — including U.S. citizens. The form verifies identity and work authorization: the employee provides documentation proving who they are and that they are legally eligible to work in the U.S., and the employer reviews and records that documentation.

The I-9 process has two components: the employee completes Section 1 on or before their first day of employment, providing personal information and attestation of their work authorization status. The employer completes Section 2 within 3 business days of the employee's first day of work, examining original documents from the USCIS-approved Lists A, B, and C. List A documents establish both identity and work authorization (e.g., a U.S. passport or permanent resident card). List B documents establish identity (e.g., a driver's license), and List C documents establish work authorization (e.g., a Social Security card) — an employee may provide either one List A document or one List B plus one List C document.

Employers must retain completed I-9 forms for each employee for 3 years after the date of hire or 1 year after the date of termination, whichever is later. I-9 forms can be audited by Immigration and Customs Enforcement (ICE) at any time with 3 days notice. Civil penalties for knowingly hiring or continuing to employ an unauthorized worker range from $698 to $27,894 per violation, with criminal penalties possible for pattern violations. Paperwork violations — missing or incomplete I-9 forms — also carry civil penalties even when the employee was in fact authorized to work.

Employers cannot specify which documents they will accept beyond the legally defined lists, cannot require additional documentation beyond what is listed, and cannot selectively apply I-9 requirements based on an employee's national origin or citizenship status. Doing so is employment discrimination prohibited by the Immigration Reform and Control Act (IRCA). Employers also cannot use the I-9 process to prescreen applicants before making an offer — the verification must be completed only after an offer of employment is made and accepted.