Form I-9 is the US employment eligibility verification document required for every person hired to work in the United States. It establishes that the employee is legally authorized to work.

When must I-9 be completed?

Section 1 by the employee on or before their first day of work. Section 2 by the employer within 3 business days of the start date.

How long must I retain I-9 records?

For 3 years after the hire date OR 1 year after termination, whichever is later. Many employers retain them indefinitely as a simpler rule.

Does I-9 apply to remote workers in the US?

Yes — every person hired to work in the US, including remote workers, requires an I-9. DHS now permits remote document examination in many cases following 2023 rule changes, but the form itself is still required.

HR GLOSSARY · Employment law

I-9 form

Also known as: Form I-9, Employment Eligibility Verification, I-9 verification

Form I-9 is a US Department of Homeland Security document used to verify the identity and employment authorization of every person hired to work in the United States — citizens and non-citizens alike. The employer must complete Section 2 within 3 business days of the new hire's start date, examining acceptable identification documents.

I-9 is one of the few onboarding documents that is mandatory for every US hire without exception, including US citizens. The form establishes that the employee is legally authorized to work in the US. It is not filed with the government routinely — instead, employers retain I-9 records and produce them for inspection during ICE / DOL audits. Civil penalties for I-9 violations range from $272 to $2,701 per violation as of 2024, scaling up for repeat or knowing violations involving unauthorized workers.

How I-9 works

Section 1: completed by the employee on or before their first day of work — name, address, citizenship/work authorization status, attestation under penalty of perjury
Section 2: completed by the employer within 3 business days of the start date — examination of the employee's identity and work-authorization documents
Section 3: used for reverification (when work authorization expires) or rehires within 3 years
Retention: employer must keep I-9 for 3 years after hire OR 1 year after termination, whichever is later

Acceptable documents

The employee chooses which acceptable documents to present from three lists. List A documents establish both identity and work authorization in one (US passport, permanent resident card). List B documents establish identity only (driver's license, state ID). List C documents establish work authorization only (Social Security card, US birth certificate). The employee presents either one List A document, or one document each from List B and List C. The employer cannot demand specific documents — doing so can violate anti-discrimination provisions.

E-Verify

E-Verify is a separate, free DHS online system that compares I-9 information against government databases. It is mandatory for federal contractors and required by law in 11+ US states for most employers. It is voluntary in other states. Using E-Verify does not replace the I-9 — the I-9 is still required for every hire regardless of E-Verify usage.

Frequently asked questions

What is a Form I-9?: Form I-9 is the US employment eligibility verification document required for every person hired to work in the United States. It establishes that the employee is legally authorized to work.
When must I-9 be completed?: Section 1 by the employee on or before their first day of work. Section 2 by the employer within 3 business days of the start date.
How long must I retain I-9 records?: For 3 years after the hire date OR 1 year after termination, whichever is later. Many employers retain them indefinitely as a simpler rule.
Is I-9 the same as E-Verify?: No. I-9 is the mandatory paper/electronic form completed for every US hire. E-Verify is a separate online system that compares I-9 information against government databases — mandatory for federal contractors and in some states, voluntary elsewhere. E-Verify does not replace the I-9.
Does I-9 apply to remote workers in the US?: Yes — every person hired to work in the US, including remote workers, requires an I-9. DHS now permits remote document examination in many cases following 2023 rule changes, but the form itself is still required.