Form I-9

What is Form I-9, and when does it apply?

An employer needs Form I-9 for an employee hired to perform services in the United States for pay or other remuneration. For a remote hire, the worker’s location still determines whether the U.S. work requirement applies.

Purpose, people, and location

For an in-scope hire, the employer uses Form I-9 to record the employee’s identity and authorization to work in the United States. The requirement covers U.S. citizens as well as work-authorized noncitizens; citizenship does not excuse a new employee from completing the form. The employer completes its part and keeps the record. The USCIS instructions define an employee for this purpose by services performed in the United States for wages or other remuneration.

The ordinary employee I-9 requirement excludes genuine independent contractors, volunteers who receive no remuneration, and private-home domestic workers employed only sporadically, irregularly, or intermittently. These exclusions depend on the facts. Calling a paid worker a contractor does not settle the question; check the USCIS exclusions against the actual working arrangement.

Remote work abroad versus U.S. work

Remote work does not decide the I-9 question by itself; the place where the person performs the work matters. A new employee working remotely from a U.S. state is performing U.S. work, even if the employer’s headquarters is abroad. By contrast, an employee of a U.S. company who performs all of their work from the UK or Germany does not need a U.S. Form I-9 solely for that foreign work. The USCIS-authored Form I-9 and E-Verify overview expressly identifies employees working outside the United States as an exception.

For this I-9 exception, the overview counts the 50 states, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands as within the United States. Check the worker’s actual location before treating remote work as work abroad. If the UK- or Germany-based employee is later assigned to perform work in the United States, reassess I-9 scope and timing for that assignment; a visit alone does not automatically establish a new-hire I-9 requirement. The foreign-work exception also says nothing about employment documentation required under UK, German, or other local law.

Find the current form and distinguish it from other records

Get Form I-9 from the USCIS form download and consult its instructions when onboarding a hire. The official form PDF displayed edition 01/20/25 and expiration 05/31/2027 when checked on October 3, 2026. Before using a saved copy, check the live download; a vendor template or older guide may describe fields that have changed. In the current layout, the employee and employer complete Sections 1 and 2; preparer or translator certification appears in Supplement A, while reverification and rehire use Supplement B, formerly called Section 3.

Completing the form does not mean sending each I-9 to USCIS. The employer normally retains it and makes it available for an authorized inspection. The later retention period depends on the employee’s hire and separation dates.

Form I-9 also serves a different purpose from IRS Form W-9. A W-9 requests a payee’s taxpayer identification number and certification for tax reporting, including in contractor payment workflows. It does not verify permission to work in the United States or replace I-9 for an employee. Requesting a W-9, like calling someone a contractor, does not itself settle whether the working relationship is employment.

Who completes each part, and when?

The employee completes the personal attestation in Section 1. The employer, or someone it designates, then examines the employee’s chosen documents and certifies Section 2. Each part has its own deadline tied to the start of paid work.

Section 1 and Supplement A

The new employee enters their identifying information, attests to their citizenship or immigration status, and signs Section 1. They may do so after accepting the job offer, even before work begins, but must complete and sign it no later than their first day of work for pay or other remuneration under the USCIS instructions. An employee who accepts an offer on Friday and starts paid work the following Monday may sign on Friday or Monday. The Section 2 deadline does not extend the employee’s Section 1 deadline.

If another person prepares or translates Section 1 for the employee, that helper completes the certification in Supplement A. The employee still signs their own Section 1 attestation. This keeps the helper’s role visible without substituting the helper’s signature for the employee’s.

The Social Security number field in Section 1 is ordinarily optional. When the employer participates in E-Verify, however, the employee must provide a Social Security number for the E-Verify case. The USCIS field instructions make that distinction; an employer should apply the condition only when it participates in E-Verify.

Section 2 and the timing example

The employer examines the documents the employee chooses to present and completes Section 2, recording the document information and certifying the review. Under the ordinary procedure, the employer or its authorized representative physically examines the original documents in the employee’s presence. The reviewer checks whether the documents reasonably appear genuine and relate to the employee; this is a review of the presented documents, not permission to demand a particular passport or other item.

An employer may designate someone else to conduct that physical review and complete Section 2 on its behalf. This can put a reviewer near a remote U.S. hire, but the employer remains responsible for I-9 violations by the person it designates, according to the USCIS instructions.

The employer or representative must complete Section 2 within three business days after the employee’s first day of work for pay or other remuneration. For a Monday start in an ordinary Monday–Friday week without an intervening holiday, the employee signs Section 1 by Monday and the employer completes Section 2 by Thursday. If the job lasts fewer than three business days, Section 2 is due on the first day instead. These distinct deadlines and the short-hire exception come from USCIS’s Section 2 instructions.

Caption: USCIS's example: for a Monday start in an ordinary week without a holiday, Section 1 is due Monday and Section 2 by Thursday. For a job lasting fewer than three business days, Section 2 is due on day one. USCIS: Instructions for Form I-9 · DHS: Form I-9 alternative examination notice

Which documents can a worker choose?

The employee chooses which acceptable documents to present for Section 2. The current USCIS Lists of Acceptable Documents, rather than a copied checklist, determine whether the chosen document or combination covers both identity and employment authorization.

List A or List B plus List C

A qualifying List A entry establishes both identity and authorization to work. It may be one document or an expressly listed combination whose conditions the employee meets. Alternatively, the employee can present a List B document to establish identity together with a List C document to establish employment authorization. These are alternative paths; the employer does not collect an item from all three lists.

For example, a U.S. passport is a List A document. A valid U.S. driver’s license together with an unrestricted Social Security card illustrates List B plus List C. A worker transferred from Germany to work in the United States in qualifying L-1 status may instead present an unexpired foreign passport with that worker’s Form I-94 as a List A combination under USCIS’s L-1 guidance. That status-specific example does not make any foreign passport and I-94 pairing sufficient. The worker may choose another acceptable combination.

Before examining documents, use the live USCIS list to confirm the exact item or pairing and any applicable conditions. These examples show how the lists work; they are not a complete or permanent document list.

Receipts and special document situations

Only defined receipts may temporarily stand in for an acceptable document, and the worker must follow up with the document itself. Under the USCIS receipt rules, receipts cannot be used when employment lasts fewer than three business days. For example, a receipt showing an application to replace a document that was lost, stolen, or damaged can qualify. In that ordinary replacement case, the employee generally has 90 days from hire to present the replacement. The employer must therefore plan for follow-up rather than treat the receipt as a permanent List A, B, or C item.

A paper labeled “receipt” is not necessarily acceptable for Form I-9. A scan of a document is not a qualifying receipt by itself, and an application receipt for an initial or renewed employment authorization document is not automatically acceptable. Before relying on one, check whether the current USCIS instructions recognize that specific receipt category and what replacement deadline applies. Special immigration-document rules can differ from the ordinary lost-document example.

A worker under 18 who cannot produce an ordinary List B identity document has other official identity-document options. For example, a 17-year-old may use a school record or report card; the listed alternatives also include certain clinic, doctor, hospital, daycare, or nursery-school records. These address the List B identity part of the choice. If the worker uses List B plus List C, they still need an acceptable List C document to establish employment authorization. Check the current USCIS list before accepting a specific record.

Choice and fair document review

The employee chooses any sufficient combination from the acceptable lists. The employer reviews what the employee presents and accepts documents that reasonably appear genuine and relate to that person. Under the Department of Justice’s I-9 guidance, an employer cannot demand a particular passport or green card, ask for extra or different documents, or reject acceptable documents because of the employee’s citizenship status or national origin.

Suppose a work-authorized noncitizen presents a valid U.S. driver’s license and an unrestricted Social Security card. That is a List B plus List C choice. If the documents satisfy the ordinary review, HR cannot insist on a green card because the employee is not a citizen. A different problem arises if a presented document does not reasonably appear genuine or does not appear to belong to the worker: the reviewer may decline that document and give the employee a chance to present another acceptable combination. The reason for declining it must come from the document review, not from an assumption about the worker’s background.

The protection also covers a person who objects to an unfair I-9 document demand. Under the INA anti-discrimination rules described by DOJ, an employer may not intimidate, threaten, coerce, or retaliate against someone for asserting a protected right, filing a charge with the Immigrant and Employee Rights Section, or cooperating with its investigation. If an employer cuts a worker’s hours because the worker challenged a discriminatory green-card demand, that can raise a retaliation issue. The protected activity and the reason for the employer’s action matter; an I-9 disagreement or adverse decision alone does not establish retaliation.

For a question about whether a particular item or combination is on the list, consult the current USCIS form and instructions. For a concern about discriminatory requests, rejection, or retaliation, the DOJ’s Immigrant and Employee Rights Section lists hotlines for workers and employers. These resources help the reviewer apply the document rules without taking the choice away from the employee.

How can a remote U.S. hire complete document review?

The employer can arrange physical examination near the employee rather than bring the employee to its headquarters. A qualifying employer may also use DHS’s alternative remote procedure, which has its own eligibility rules and requirements for handling documents.

In-person representative

For ordinary physical examination, the employer may designate a representative near the remote hire to review the employee’s chosen original documents in the employee’s physical presence and complete Section 2 on the employer’s behalf. The representative applies the same standard for reviewing documents and the same Section 2 deadline as the employer would; being remote from headquarters does not change the worker’s choice among acceptable documents.

For example, if a company’s HR team is in New York and its new employee works from California, the company can designate someone in California to meet the employee. The employee brings an acceptable List A document or listed combination, or a List B plus List C combination; the representative examines what the employee chose and certifies Section 2. This is an in-person review even though the company’s HR team coordinates it from elsewhere.

The USCIS instructions state that the employer remains liable for Form I-9 violations committed by its authorized representative. The employer therefore needs the completed Section 2 returned and retained with its I-9 records.

DHS alternative procedure

DHS permits an optional remote document examination only for an E-Verify participant in good standing that meets the requirements for the relevant hiring site. It is a defined alternative to the ordinary physical review described above, not permission for every employer to accept emailed scans or conduct a casual video call. The DHS alternative-procedure notice sets out the eligibility and the steps an employer must follow.

The qualified employer obtains clear copies of the documents the employee chooses and examines those copies. It then conducts a live video interaction in which the employee presents the same documents, completes Section 2, marks the form’s box for the alternative procedure, and retains clear copies of the examined documents for possible inspection. These copy, video, notation, and retention steps are all part of the procedure; an E-Verify account alone does not replace them or the Form I-9 deadline.

An eligible employer may use this route for remote hires while using physical examination for employees who work on-site or in a hybrid arrangement, provided it applies that choice consistently and without discrimination based on protected characteristics. An employee unable or unwilling to use the alternative may request physical examination. Before choosing a route, the employer should confirm its E-Verify standing, the hiring-site requirements, and current DHS instructions. If it does not qualify or cannot complete every step, it must use physical examination by its own staff or a designated representative.

What happens after the form is completed?

The employer’s I-9 responsibility continues after Section 2: the record must remain available for the required period, and later events may call for reverification, a rehire entry, or a transparent correction.

Storage, copies, and retention

Keep the completed Form I-9 for as long as the employee works for the employer. After employment ends, retain it until the later of three years after the hire date or one year after the separation date under the USCIS retention instructions. The three-year date alone never permits disposal while the person is still employed.

For example, suppose an employee was hired January 1, 2023, and left June 1, 2025. Three years after hire is January 1, 2026; one year after separation is June 1, 2026. The employer keeps the I-9 until June 1, 2026, because that is the later date. Calculating both dates at separation prevents an early disposal based only on the hire date.

The employer may keep the form on paper or in a compliant electronic system, but must be able to produce it for an authorized inspection. Form I-9 and any retained document images contain sensitive personal information, so access should be limited to people who need the records.

Retaining the I-9 is separate from copying the identity or work-authorization documents the employee presented. Copies are not universally required in the ordinary physical examination process. If an employer voluntarily makes them, it should follow a consistent, nondiscriminatory practice and any applicable E-Verify or electronic-system rules. For employees processed through DHS’s alternative remote examination, however, the employer must retain clear copies of the documents it examined, as the DHS procedure requires.

Supplement B: reverification and rehire

Reverification concerns continuing permission to work, rather than the expiration of every document shown at hire. As an employee’s temporary employment authorization or relevant List A or List C authorization document approaches its applicable expiration, the employer must determine whether reverification is due and, if so, complete Supplement B by the applicable date. The employee may choose an acceptable List A or List C document to show continuing authorization. The USCIS reverification instructions set the rule, but a receipt, automatic extension, or immigration category may change the date suggested by a card alone.

An expiring List B identity document, such as a driver’s license, does not by itself trigger reverification. Nor should an employer routinely reverify a lawful permanent resident just because that person’s green card expires, as DOJ guidance also makes clear. In each case, the practical question is whether the employee’s authorization to work needs a new check, rather than whether one previously presented card has a printed expiration date.

Rehire is a different event. If the same employee returns within three years of the original Form I-9’s completion, the employer may, when USCIS conditions are met, record the rehire in Supplement B attached to that form or complete a new I-9. It must check whether employment authorization needs reverification as part of that decision. If more than three years have passed since the original form was completed, use a new I-9. The USCIS rehire instructions measure this period from the original form’s completion, not from the employee’s separation date; continuing employment is not a rehire.

Corrections and inspection

Reviewing stored I-9s can reveal missing or incorrect entries. The person responsible for a section should correct that section: the employee corrects Section 1, while the employer or its representative corrects employer-side entries. The USCIS instructions tell an employee correcting Section 1 to initial and date the change. For a paper entry, the USCIS-authored overview advises drawing a line through the error so the original remains visible, entering the correction, and initialing and dating it. Keep the old record with any replacement form; do not conceal the original or backdate an entry.

The distinction between a technical or procedural failure and a substantive failure matters during inspection. A technical defect may qualify for the statutory good-faith protection; a substantive failure does not qualify for that protection merely because it is later corrected. Classification depends on the record and the particular omission. For example, an OCAHO decision explains that a missing Section 2 document number or expiration date may be technical or procedural if a legible copy of that document was retained with the I-9 and presented at inspection. Another OCAHO decision treats a missing employee Section 1 signature, a missing employer Section 2 attestation signature, and failure to present an I-9 at inspection as substantive failures. These are case-based examples, not a complete classification of possible mistakes.

If an employee’s Section 1 is missing a signature, ask that employee to sign and date it accurately. An employer signature cannot stand in for the employee’s attestation. Correct an identified error promptly, preserve what was originally entered, and record who made the correction and when. Do not wait for an inspection or assume that a later correction erases a past substantive failure.

Under 8 U.S.C. § 1324a(b)(6), an employer that tried in good faith to comply may have protection for a technical or procedural verification failure. That protection is unavailable if an agency explains the failure, gives the employer at least 10 business days beginning after the explanation to correct it, and the employer does not voluntarily do so. The statute also excludes a pattern or practice of knowingly hiring or continuing to employ unauthorized workers from this protection. The 10-business-day provision is a condition of this particular defense after agency notice, not a general grace period for I-9 errors. Keep forms retrievable for authorized inspection, and assess paperwork defects separately from knowing-employment and discriminatory document-review concerns.

How does Form I-9 relate to E-Verify?

E-Verify is a separate electronic check that uses information from a completed Form I-9 to compare a new hire’s information with government records. The employer completes and retains the I-9 for an in-scope employee even when it also creates an E-Verify case. As the Department of Justice explains, some employers use E-Verify in addition to the form; not every employer with I-9 duties participates.

The order matters. First, the employee and employer complete their respective I-9 sections and the employer examines the employee’s chosen documents. An employer that participates in E-Verify then uses the completed form’s information for the separate case. A governing obligation may require a particular employer to participate, but a worker’s need for an I-9 does not by itself answer whether an E-Verify case must be created.

E-Verify participation also affects the document-review options for a remote hire. A participant in good standing may qualify for the DHS alternative remote procedure described above, subject to the hiring-site requirements and every review and retention step. Enrollment alone does not authorize an informal video review. The employer must make three separate decisions: whether the hire needs Form I-9, whether it must create an E-Verify case, and whether it qualifies for remote document examination.