Guide to the I-9 Employment Eligibility Verification Form

Updated February 27, 2023

Accepting a new job comes with a long list of paperwork. An I-9 form is one of the items that you'll need to fill out when accepting a new position. This form proves that you are eligible to work in the United States.

In this article, we discuss the I-9 form, including what each section of the form entails and which supporting documents you may need to use when submitting the form.

What is an I-9 form?

An I-9 form is a type of employment eligibility verification that is used to verify employment authorization in the United States. This form comes from the United States Citizenship and Immigration Services department. Both the employer and the employee will fill out their portion of the I-9 form. In addition to the form, the employee will also submit other documents proving their identity, and their authorization to work in the United States.The I-9 form states that:

The employee attests that they are authorized to work in the United States.
The employer has reviewed the I-9 form, along with the supportive documents, to determine the employee's eligibility.

Every new paid hire must fill out an I-9 form within the required timeline. Some employees may be exempt, although these situations are uncommon. A few exemptions might include:

An employee with a hire date before Nov. 6, 1986.
An employee who works infrequently in a private home.
A temporary contractor who is employed by an external employer.
An employee who is not currently working in the United States.

Why is an I-9 form important?

The I-9 form is an important part of the hiring process because it documents all employees of a company, ensuring that they are authorized to work in the U.S. It also regulates employers, requiring that they only hire employees who are authorized. Because of this, federal law requires all new hires to fill out an I-9 form, while also requiring employers to request one from their new employees.Once both the employer and employee fill out the I-9 form, the employer must hold on to it during the employee's period of employment, for a minimum of three years. If the employee stays with the company for longer than three years, then the employer must hold on to the form for at least one year following their leave date. While the employer is not required to file the I-9 form with the government, they must be able to share it, if requested.Related: Sponsorship of Employment: How to Sponsor a Foreign Employee

When to use an I-9 form

I-9 forms are given to new hires in the United States. It is given to both US citizens and non-citizens who have a temporary or permanent work visa.You can expect the following timeline when filling out an I-9 form:

An employee receives a job offer and accepts.
The employee fills out the first section of the I-9 form before, or on, their first day of work.
The employee returns the I-9 form to their employer.
The employer verifies the accuracy of the information in section one.
The employer fills out section two of the I-9 form, no later than their third day.
The employer holds onto form I-9 for a minimum of three years.

If these steps are not completed within the timeline, then section three (“reverification and rehires”) may need to be used. The I-9 form is stored with the employee's documents. It does not go to the government unless a government official requests access.The I-9 form may be used by the employer or the Human Resource department. New hires are usually subject to other types of paperwork, like signing their employment agreement or enrolling in health insurance benefits, which is when most companies would complete the I-9 form.

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Sections on an I-9 form

The I-9 form is made up of three parts:

Section one- Employee information and attestation

Section one is completed by the employee. It is the employer's responsibility to ensure that all new hires fill out the I-9 form accurately and timely. This is also where employees with a work visa will submit their work authorization expiration date. The employer will then need to take note of this date and re-verify the employee's authorization before that date. If the employee doesn't have an expiration date, then they can leave this blank.Section one will require that you input your legal name, all last names used, address, date of birth and U.S. Social Security Number, if applicable.Filling out this form attests that:

The employee is a U.S. citizen or,
The employee is a U.S. non-citizen national or,
The employee is a lawful permanent resident or,
The employee is an alien authorized to work in the U.S.

In addition to filling out section one, new hires will also have to include any additional documents to prove employment authorization. They must submit either:

A single document from List A that proves identity and employment eligibility.
A single document from List B that proves identity WITH a single document from List C that proves work eligibility.

List A might include documents like a U.S. passport, a U.S. passport card, green card or temporary resident card. List B might include documents like a driver's license or ID card, a federal or state ID card, a school ID with a photograph or a U.S. Armed Services ID card or draft record. List C might include documents like a valid U.S. Social Security Card from the Social Security Administration, a birth certificate from the U.S. State Department, an original birth certificate with an official seal or a Certificate of U.S. Citizenship. All documents must be original, active and valid. Also, employers cannot determine which documents a new hire uses.Related: 10 Types of Work Visa and Eligibility Requirements

Section two- Employer or authorized representative review and verification

Section two is completed by the employer. This section must be completed within three days of the start date. Section two requires that the employer record all documents that the employee submits proving their eligibility. This section includes a record of the document title, issuing authority, document number, work authorization expiration date and the date the employee's employment will begin.Once the employer fills out each of these areas, they will need to sign and date the I-9 and file it with the employee's other employment documents.Related: Contracts of Employment: A Comprehensive Guide

Section three- Reverification and rehires

Section three is only used if an employee has already filled out the I-9 form, but re-verification is necessary. It may also be used if the employee leaves the company, and then returns again. Other reasons that you may need to complete section three include:

If the employee's legal name has changed since they were originally hired.
If the employee is rehired within the three-year period and is still authorized to work.
If the employee's work visa expiration date is before the three-year timeline.