What is Form I-9? Complete guide to employment verification requirements

Form I-9 is a document used to verify a W-2 employee’s identity and confirm their legal authorization to work in the US. Under the federal Immigration Reform and Control Act (IRCA) of 1986, employers cannot legally hire a W-2 employee in the US without using Form I-9. Employers must also keep a copy of a completed Form I-9 on file for every US employee. Forms must be stored for three years after the hire date or one year after the employee leaves the company (whichever is later). An I-9 is required for in-person and remote employees, regardless of your work location.

The I-9 form isn’t required for volunteers, contractors, and other workers who don’t complete W-2s. For more details about who needs to fill out an I-9, see “Who is required to complete Form I-9?” below.

An I-9 form is not a background check. Many employers conduct pre-employment background screenings to verify a candidate’s prior employment, education, references, criminal history, or driving record.

For a remote hire, the two run side by side: the I-9 confirms work authorization, while a background check covers criminal, employment, and education history. Criminal and employment history is different from employment eligibility verification.

After a job offer is made and a candidate has accepted the position, the employee must fill out required paperwork such as Form I-9 and Form W-2.

I-9 employment eligibility verification is required for any full- or part-time employee, who must complete a W-2 and who was hired after November 6, 1986. Organizations that employ these employees must also complete their part of the I-9.

Volunteers, independent contractors, and others who aren’t required to complete a W-2 form don’t have to complete a Form I-9, either. This also exempts their clients or team leaders from completing an I-9.

Please note: What actually determines whether an I-9 is required is whether the worker is legally an employee, not which tax form they receive. For example, some employers pay someone as a 1099 contractor even though that person functions like an employee (set hours, supervised work, company-provided equipment). If that’s the case, the worker is still legally an employee, and an I-9 is still required, regardless of the tax form used.

Employers order I-9 forms as part of the onboarding process. Employers must complete Section 2 of Form I-9 no later than the third business day after the employee begins work.

Employers can download a fillable Form I-9, in English and Spanish, from the United States Citizenship and Immigration Services (USCIS) website.

Making smart choices when deciding how to manage I-9s can streamline your onboarding process. Using a solution like Checkr’s I-9 verifications allows your team to complete I-9s digitally using our integration with Tracker I-9. This can help save time and effort for your onboarding managers and new hires.

Please note: Only employers located in Puerto Rico may complete and retain the Spanish-language version as their official Form I-9. Everywhere else in the US, employers must complete and keep the English version, though they can still use the Spanish version as a translation aid for Spanish-speaking employees.

To avoid potentially costly errors, employers and employees must know how to fill out I-9 forms correctly. Employees complete Section 1 on or before their first day of work. Employers review Section 1 to make sure the information is complete and entered correctly. The employer (or an authorized representative) then checks the employee’s identity and authorization documents, described below, and completes Section 2 of Form I-9 within three business days of the employee’s start date.

Here’s a breakdown of how to complete I-9 forms. Employers should always refer to the USCIS website and consult their legal counsel for the most up-to-date information on I-9 compliance.

Section 1 is completed by the employee, who may enter information such as:

Employers may review this section to ensure that the employee:

Employers may also need to check whether the employee noted that their employment authorization expires, and whether the date lines up with the date on their provided List A or C document. If so, make a note to reverify at the appropriate date.

Section 2 is completed by the employer and involves verifying the employee’s identity and employment authorization documents. If you examined the documents remotely under the DHS-authorized alternative procedure, check the alternative-procedure box in the Additional Information field of Section 2 and retain legible copies of the front and back of every document you reviewed. Employees may present either:

The employer or an authorized representative may then:

As an employer, it’s your responsibility to instruct employees how to complete I-9 forms. You can find detailed directions for both employees and employers on the USCIS website.

While some employers complete I-9s manually, many find that using a digital, automated tool, such as Checkr’s I-9 solution, makes this process more efficient and accurate. Digital I-9 services can help with tasks like importing electronically stored information into the I-9 form, storing forms digitally, and sending reminders to employees and employers to take the next steps.

Yes. Employers who participate in E-Verify in good standing may examine a new employee’s Form I-9 documents remotely, over live video, using a DHS-authorized alternative procedure instead of examining them in person.

Checkr’s identity verification helps you determine who a remote candidate is before you complete Section 2.

“Good standing” specifically means that your business is enrolled in E-Verify, is using it as the program requires, and has not been suspended or terminated from it. The following table breaks down what qualifying employers must have in place to be in good standing.

USCIS sets out the DHS-authorized alternative procedure as a sequence an employer follows for each new hire examined remotely. Before you reach Step 2 of the alternative procedure, it helps to verify a remote candidate’s identity so you know the person on the video call is the person listed on the documents.

Under this procedure, the employer must do three things:

The full procedure is set out in the USCIS guidance on the remote examination of documents.

According to the USCIS, if you offer the alternative procedure to new employees at a given E-Verify hiring site, you must offer it consistently to all employees at that site. You may, however, choose to offer it for remote hires only while examining onsite employees’ documents in person. This decision is up to individual employers, but you must be consistent and fair across the board.

Both methods verify that a new hire’s identity and employment authorization documents reasonably appear genuine and relate to that person. What differs is where the examination happens, what the employer keeps, and who qualifies. The table below compares the two. Pairing remote examination with identity verification software gives you a consistent way to check someone’s identity before a live video call.

Employers should consult the USCIS website for the most current list of I-9 acceptable documents, and discuss any questions with their legal counsel. Documents used to complete Form I-9 may prove a person’s identity, legal authorization to work in the US, or both.

Form I-9 documents from USCIS List A, which demonstrate both identity and legal status, may include:

Presenting just one document from List A is sufficient documentation for the I-9 employment form.

Employees can also provide one document proving their identity and a second document showing their employment authorization (List C).

Form I-9 verification documents from List B, which show your identity, may include:

Employees under age 18 who don’t have the above documentation for I-9 may be permitted to present:

Employees may be able to present any of the following from USCIS List C:

Asking employees to submit a specific document—for example, requiring a passport—could be construed as discriminatory. Instead, you should share the list of acceptable documents with the employee and let them submit the documents of their choice that meet I-9 requirements.

Most employers aren’t required to submit I-9s to a government entity. However, some employers may be required or choose to submit the forms to the federal E-Verify system. Employers should work with legal counsel to determine their E-verify requirements. When used, E-Verify compares the information on the employee’s I-9 form to data from the Social Security Administration (SSA) and the Department of Homeland Security (DHS) to electronically confirm the employee’s information.

The I-9 form changes from time to time when it is revised or amended by the federal government. Employers must be sure to use the most current version, not an expired version.

Certain employees’ I-9 forms can also expire. If a current employee isn’t a US citizen or noncitizen national, their I-9 must be updated when their authorization to work in the US (or their documentation of that authorization) expires.

Always use the current edition of Form I-9 published by USCIS. Editions carry a version date in the lower-left corner of the form, and USCIS periodically issues updated versions with a defined date by which employers must switch. Using an outdated edition after its cutoff date can create a compliance problem, so the version date is worth checking each time you start a new hire’s paperwork. Because these editions and cutoff dates change on the government’s schedule rather than a fixed annual one, always check the government’s I-9 website to confirm you are using the correct, current form before you complete it.

Federal I-9 forms are revised or amended on occasion, but there’s no regular schedule for this. The previous version of Form I-9 was released in August 2023, for example.

When an employee’s employment authorization (or the documents proving authorization) expires, employers need to update their I-9 form. Examine their new documentation and complete Form I-9’s Supplement B, Reverification and Rehires (previously known as Section 3).

US citizens and noncitizen nationals generally don’t need to have their I-9 forms updated unless:

I-9 retention rules require employers to keep a copy of each employee’s I-9. Keep only the pages you and the employee filled out. I-9 forms can be completed digitally or on paper; you can store the forms electronically or keep paper copies. If you scan paper copies and store them digitally, you can destroy the originals if you wish. When you review an employee’s supporting documentation to complete Section 2 of Form I-9, you must look at the original documents and then return them to the employee.

Employers who use E-Verify are required to keep copies of certain supporting documents. Some employers who don’t use E-Verify also choose to make paper or digital copies of supporting documents. If you do so, you must store the copies with the employee’s Form I-9 or in their personnel records.

No matter how you choose to store Form I-9 employment eligibility verification records, make sure you can easily access them. If US Immigration and Customs Enforcement (ICE) requests copies of your I-9 forms, you must produce them within three business days. If you examined the documents remotely, you must also retain legible copies of the front and back of every document you reviewed, and keep them with the employee’s Form I-9.

I-9 retention requirements call for keeping employees’ I-9 forms on file for three years after the date of hire or one year after the employee leaves the company, whichever is later. For example, if an employee works for you for one year, you’d need to keep their I-9 for two years after that (three years after the date of hire). If an employee works for you for ten years, you’d have to keep the form for one year after their separation date. You should talk to your legal counsel regarding any questions you have about I-9 retention.

I-9 penalties depend on what kind of violation occurred. Paperwork errors, like missing signatures, dates, or required document details, carry civil fines only, per violation. Knowingly hiring or continuing to employ someone not authorized to work carries civil fines that escalate for repeat offenses, and a pattern or practice of that conduct (rather than paperwork mistakes) can also bring criminal penalties.

Separately, treating employees unfairly based on their citizenship, immigration status, or national origin during the I-9 process, for example, demanding specific documents, is its own violation category enforced by the Department of Justice. Because these amounts are adjusted for inflation and can change, check ICE’s Form I-9 inspection fact sheet and the current civil-penalty schedule at 8 C.F.R. § 274a.10 for the figures that apply to your situation.

The good news is that these penalties are avoidable: completing each Form I-9 on time, storing it correctly, and retaining the right copies keeps you on the right side of the rule. Check the current US Department of Homeland Security civil-penalty schedule for the figures that apply to the year in question.

An employee who doesn’t fill out Section 1 of the I-9 form and provide required documentation within three business days of starting work can be terminated to prevent exposing their employer to civil fines. We recommend speaking with your legal counsel if you have any concerns or questions.

In addition to ensuring Form I-9 is completed on time, employers must also make sure they and their employees fill it out correctly. Employers can be fined for mistakes on the I-9, even seemingly small ones. According to the USCIS, common errors include:

When an employee’s employment authorization or authorizing document expires, or when you rehire someone within three years of their original Form I-9, you may need to reverify their eligibility to work. On current editions of Form I-9, this is handled on Supplement B, which replaced the former Section 3. You complete Supplement B by recording the employee’s name, the document that establishes continued authorization, and the date, then signing and dating it.

Reverification confirms an employee’s continued work authorization. It doesn’t restart the hiring process. Importantly, you do not open a new E-Verify case when you reverify an existing employee; E-Verify is created at the time of hire, not at reverification. Keep the completed Supplement B with the employee’s original Form I-9.

Please note: This applies for reverifying expiring work authorization, but not always for rehires. If the original hire wasn’t run through E-Verify, or didn’t result in employment authorized, a new E-Verify case is required for the rehire, rather than just completing Supplement B.

Form I-9 and Form W-2 are both part of onboarding and payroll, but they answer different questions. The I-9 confirms that a new hire is authorized to work in the United States and is completed at the start of employment. The W-2 reports the wages you paid an employee and the taxes you withheld, and it’s issued by January 31 for the previous tax year. The table below shows the difference at a glance.

Verifying a remote hire’s I-9 means coordinating a live video interaction, checking the alternative-procedure box in the right place, and retaining legible copies of every document. These steps are straightforward when the workflow is built for you and easy to miss when your team relies on paper and manual reminders.

Streamline your hiring and onboarding into a single dashboard with Checkr’s I-9 verification services. Automate I-9 tasks and notifications, and order and manage your I-9s from one place so your remote hire’s documentation gets handled correctly the first time. See Checkr’s pricing to find the option that fits how you hire and get started today.

Karen Axelton

Karen Axelton writes about business topics and best practices. She has written hundreds of articles on business subjects, including background screening, hiring and employment trends, human resource management, and the use of technology in the workplace. Her work includes educational articles, e-books, white papers, and case studies.