I-9 Employment Eligibility Verification Guide

Every employer in the United States is required to verify the identity and employment authorization of each person they hire by completing Form I-9, Employment Eligibility Verification. This requirement applies regardless of the employer's size — even an employer with a single employee must complete Form I-9.

The I-9 process is administered by U.S. Citizenship and Immigration Services (USCIS) and enforced by Immigration and Customs Enforcement (ICE). I-9 audits have increased significantly in recent years, and penalties for violations — from incomplete forms to knowingly hiring unauthorized workers — can be severe.

Despite its apparent simplicity, the I-9 is one of the most error-prone compliance documents. Common mistakes include late completion, accepting wrong documents, improper document examination, missing reverification, and incorrect retention. This guide covers everything employers need to know to maintain proper I-9 compliance.

The I-9 has strict timing requirements that employers must follow:

• Section 1 (Employee): Must be completed by the employee on or before the first day of employment (the first day of work for pay). Can be completed after acceptance of a job offer but before the start date
• Section 2 (Employer): Must be completed by the employer within 3 business days of the employee's first day of employment. The employer must physically examine the original documents presented by the employee

Example: If an employee starts work on Monday, the employer must complete Section 2 by Thursday (counting Tuesday, Wednesday, Thursday as the 3 business days).

If employment lasts fewer than 3 business days, both Section 1 and Section 2 must be completed by the first day of employment.

Important: Employers should not complete Form I-9 before a job offer has been made and accepted. Completing I-9s during the interview process could expose the employer to claims of national origin or citizenship status discrimination.

The employee must present documents from one of three categories to establish both identity and employment authorization:

List A (Establishes both identity and employment authorization)

• U.S. Passport or U.S. Passport Card
• Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
• Foreign passport with Form I-94 or I-94A with endorsement
• Employment Authorization Document (Form I-766)
• Passport from the Federated States of Micronesia or Marshall Islands with Form I-94

List B (Establishes identity only)

• Driver's license or state-issued ID card with photograph
• Federal, state, or local government ID with photograph
• School ID card with photograph
• Voter registration card
• U.S. Military card or draft record
• Military dependent's ID card
• Other documents as specified in the Form I-9 instructions

List C (Establishes employment authorization only)

• Social Security card (unrestricted)
• Birth certificate (original or certified copy)
• Certification of Birth Abroad (FS-545 or DS-1350)
• U.S. Citizen ID Card (Form I-197)
• Native American tribal document
• Employment authorization document issued by DHS

Critical rule: The employee chooses which documents to present. The employer cannot request specific documents or reject valid documents that reasonably appear genuine. Doing so constitutes document abuse — a form of discrimination under the Immigration and Nationality Act.

E-Verify is an internet-based system that compares information from Form I-9 to government records to confirm employment eligibility. While participation is voluntary for most private employers, it is mandatory for:

• Federal contractors and subcontractors (per FAR E-Verify clause)
• Employers in certain states (Arizona, Mississippi, Alabama, Georgia, North Carolina, South Carolina, Tennessee, Utah, and others have varying requirements)
• Employers hiring H-1B workers

E-Verify rules to follow:

• Timing: The E-Verify case must be created within 3 business days after the employee's first day of employment — not before
• All new hires: E-Verify must be used for all new hires, not selectively. Selective use based on appearance or perceived national origin is discriminatory
• Tentative Nonconfirmation (TNC): If E-Verify returns a TNC, the employer must notify the employee and give them 8 federal government working days to contest. The employee may continue working during this period — the employer cannot terminate, suspend, or take adverse action based on the TNC
• Do not re-verify: E-Verify cannot be used for existing employees (except in very limited circumstances) or to reverify employment authorization

Employers must retain Form I-9 for each employee for the longer of:

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

Formula: Retain until the later of (hire date + 3 years) or (termination date + 1 year).

Example: An employee hired on January 1, 2024, who is terminated on June 1, 2025: Hire date + 3 = January 1, 2027. Termination date + 1 = June 1, 2026. Retain until January 1, 2027.

Storage: Forms may be stored in paper, microform, or electronic format. If stored electronically, the system must meet specific DHS standards including indexing, quality assurance, audit trail, and the ability to produce legible copies. Copies of identity/authorization documents may be retained (and must be retained if using E-Verify), but if an employer copies documents for some employees, they should do so for all to avoid discrimination claims.

Reverification: Before an employee's work authorization expires (as noted in Section 1), the employer must reverify by completing Section 3 (or a new Form I-9). Reverification must occur on or before the expiration date. Employers may not reverify U.S. citizens, lawful permanent residents, or employees who presented List B documents.