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U.S. Government Forms · USCIS

USCIS

Form I-9

Employment Eligibility Verification

Agency

USCIS

Version

08/01/23 (Expires 05/31/2027)

Fee

Free

Deadline

Section 1: employee's first day of work. Section 2: within 3 business days of hire.

Official PDF hosted at www.uscis.gov · Verified 2026-05-17

Who Needs This Form

  • Every employee hired in the United States after Nov 6, 1986
  • US citizens, permanent residents, and authorized noncitizens
  • Rehires returning within 3 years of original I-9
  • Employees whose work authorization is expiring (reverification)
  • Employers verifying identity and authorization within 3 business days of hire

Step-by-Step Guide

Form I-9 verifies that every employee hired in the United States is legally authorized to work. The employee fills out Section 1 on the first day of work; the employer reviews documents and fills out Section 2 within three business days. The form is retained by the employer — never mailed to USCIS — for three years after hire or one year after termination, whichever is later.

Section 1 — Employee Information and Attestation

The employee completes Section 1 no later than their first day of work. Employers may not pre-fill it for the employee but may translate or assist on request.

Last name, First name, Middle initial

Use the legal name on your unexpired identity document. Maiden / other names go in the 'Other Last Names Used' field.

Common mistake: Leaving 'Other Last Names Used' blank when you have a maiden name or hyphenated change. This can cause E-Verify mismatches.

Address, Apt Number, City, State, ZIP

Your current US residential address. PO Boxes are not acceptable unless you have no street address.

Date of birth, US Social Security number

SSN is optional unless your employer participates in E-Verify, in which case it is required.

Tip: If you applied for a SSN and have not received it yet, write 'Applied For' and provide the number once received.

Email address, Telephone number

Optional. USCIS uses these to contact you only if there is an E-Verify issue with your case.

Citizenship / Immigration Status — choose ONE box

(1) US citizen, (2) Noncitizen national, (3) Lawful permanent resident, or (4) Noncitizen authorized to work. Each option requires different supporting information.

Common mistake: Checking 'Lawful permanent resident' but providing an EAD (Employment Authorization Document) as proof. EAD holders are usually category 4, not category 3.

Tip: Lawful permanent residents must also enter their USCIS Number (A-Number) from the green card. Category 4 must provide an expiration date if their work authorization has one.

Signature of Employee, Today's Date

Sign and date on or before the first day of work. An unsigned Section 1 is not valid.

Preparer/Translator Certification (Supplement A)

If someone helped fill out Section 1, that person must complete Supplement A — a separate page with their own name, address, and signature.

Section 2 — Employer Review and Verification

The employer (or authorized representative) must complete Section 2 within three business days of the employee's first day of work. The employer physically examines the documents the employee chooses to present.

Document examination

The employee chooses to present EITHER one document from List A, OR one from List B plus one from List C. The employer may not specify which documents to present.

Common mistake: Asking for specific documents — for example, demanding a Social Security card and a driver's license when the employee offers an unexpired US passport (List A). This is 'document abuse' and a violation.

Document title, Issuing authority, Document number, Expiration date

Transcribe each accepted document's data into Section 2. Photocopying is optional unless the employer participates in E-Verify (then required for certain documents).

Employer certification and signature

The employer attests under penalty of perjury that the documents appear genuine and relate to the named employee. Sign, print name and title, and date.

Tip: Whoever signs Section 2 must be the same person who physically examined the documents. Splitting the task between two employees voids the certification.

Business name and address

Enter the employer's legal name and physical address (not a PO Box).

Acceptable Documents — Lists A, B, C

List A documents prove both identity AND work authorization in one document. List B proves identity only. List C proves work authorization only. An employee can use one from List A, OR one from B plus one from C.

List A — both identity AND work authorization (most common)

US Passport (book or card); Permanent Resident Card (green card, I-551); Employment Authorization Document (EAD, I-766); Foreign passport with I-94 + endorsement; Foreign passport with FM-N stamp.

Tip: An unexpired US passport is the simplest single document — no need for any List B or C item alongside it.

List B — identity only (must be paired with a List C)

Driver's license or state ID with photo and physical description; school ID with photo; voter registration card; US military card; Native American tribal document; Canadian driver's license (limited use).

Common mistake: Accepting an expired driver's license. List B documents must be unexpired.

List C — work authorization only (must be paired with a List B)

Unrestricted Social Security card (NOT one stamped 'NOT VALID FOR EMPLOYMENT'); Form FS-545 / DS-1350 (Consular Report of Birth Abroad); original US birth certificate; Native American tribal document; US Citizen ID Card (I-197); ID Card for Use of Resident Citizen (I-179); Form I-94 with employment authorization.

Tip: A Social Security card stamped 'NOT VALID FOR EMPLOYMENT' or 'VALID FOR WORK ONLY WITH DHS AUTHORIZATION' is NOT a valid List C document.

Supplement B — Reverification and Rehires

Previously called Section 3. Used only when (a) an employee's work authorization is expiring, (b) the employee changes legal name, or (c) the employee is rehired within three years of the original I-9.

Reverification of expiring work authorization

Before the expiration date in Section 1, the employee must present a new unexpired List A or List C document showing continued work authorization. Complete Supplement B with the new document details.

Common mistake: Reverifying lawful permanent residents whose green card has 'expired.' PR status does not expire even when the card does; do NOT reverify LPRs.

Rehires within three years

If the rehire occurs within three years of the original I-9 date AND the original work authorization is still valid (or has been re-established), the employer can complete Supplement B instead of a brand-new I-9.

Legal name change

Not strictly required by USCIS, but updating Supplement B with the new name keeps records consistent. Especially important for E-Verify employers.

Common Mistakes to Avoid

  1. Specifying which documents the employee must show

    It is illegal under the anti-discrimination provisions of the INA to demand a specific document or to reject acceptable documents because they look unusual. The employee chooses what to present from the lists.

    Fix: Hand the employee the Lists of Acceptable Documents and let them choose. Accept any unexpired document that reasonably appears genuine and matches the employee.

  2. Missing the three-business-day deadline for Section 2

    Section 2 must be completed within three business days of the employee's first day of paid work. Late completion is a paperwork violation subject to fines.

    Fix: Calendar the deadline as soon as Section 1 is signed. For employees working fewer than three days, Section 2 must be completed by the first day of work.

  3. Accepting a List B + List A combination

    List A is a complete pair on its own. Adding a List B document is unnecessary and creates over-documentation, which can be seen as document abuse.

    Fix: If the employee presents List A, stop. Do not request additional documents.

  4. Photocopying documents inconsistently

    Photocopying is optional for non-E-Verify employers. But if you copy for some employees and not others, you create a discriminatory pattern.

    Fix: Adopt a written policy: either copy everyone's documents (consistent) or copy no one's (also consistent). E-Verify employers must copy specific documents.

  5. Reverifying US citizens or lawful permanent residents

    US citizens never need reverification. LPRs do not need reverification even if the physical green card expires — permanent residency itself does not expire.

    Fix: Reverify only employees whose Section 1 listed an expiration date in box 4 (noncitizen authorized to work) AND that date is approaching.

  6. Backdating Section 2 to meet the three-day rule

    Falsifying the date is a separate, more serious violation than a late completion. Investigators look for inconsistent ink, handwriting, or dates that don't match payroll records.

    Fix: Enter the actual date you complete Section 2, even if past the three-day window. Late is better than fraudulent.

  7. Using an outdated version of the form

    USCIS issues a new I-9 periodically. Using an expired form version is itself a paperwork violation. The current edition shows '08/01/23 — Expires 05/31/2027' in the corner.

    Fix: Download a fresh copy from uscis.gov/i-9 whenever you onboard a new employee. Check the edition date in the form's bottom-left corner.

  8. Failing to retain or properly destroy I-9 forms

    Employers must keep I-9s for three years after hire OR one year after termination, whichever is later. Premature destruction or sloppy retention triggers fines during ICE audits.

    Fix: Calendar each I-9's required retention date. Store separately from personnel files. Shred only after both retention triggers have passed.

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Step 1 of 5

Section 1: Your Name & Other Names Used

Use your legal name. If you've used other last names (maiden name, prior married name), list them so your records can be matched.

Include maiden name, prior married name, or any name change. Enter N/A if none.

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Frequently Asked Questions

Who needs to fill out Form I-9?

Every employee hired in the United States after November 6, 1986 — including US citizens, lawful permanent residents, and authorized noncitizens. Independent contractors and employees of foreign affiliates working abroad are exceptions.

Do I send Form I-9 to USCIS or the IRS?

Neither. The employer keeps the completed I-9 on file. It is presented only if requested by ICE, USCIS, the Department of Labor, or the Department of Justice during an authorized inspection.

What's the deadline for completing each section?

Section 1 must be completed no later than the employee's first day of work for pay. Section 2 (employer review of documents) must be completed within three business days of the first day of work.

Can I use the same I-9 for a rehire?

Yes, if the rehire occurs within three years of the original I-9 date and the previous work authorization remains valid (or has been re-established). Complete Supplement B with the rehire date instead of starting a new I-9.

What if an employee's work authorization expires?

You must reverify before the expiration date listed in Section 1. The employee presents a new unexpired List A or List C document; you record it on Supplement B. The employee chooses what to present — you cannot demand a specific document.

Do I have to participate in E-Verify?

E-Verify is voluntary at the federal level for most employers, but mandatory in several states (Alabama, Arizona, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, Utah, and others — coverage varies by employer size) and for federal contractors with the FAR E-Verify clause. Even non-participating employers must complete Form I-9.

Can I accept a photocopy or expired document?

No. All List B and List C documents must be unexpired originals (not photocopies). The only exception: a certified copy of a birth certificate from the issuing authority is acceptable for List C.

What is the penalty for an incorrect or missing I-9?

ICE paperwork penalties (2024 schedule) range from approximately $281 to $2,789 per violation per form. Penalties for knowingly hiring or continuing to employ unauthorized workers run from $698 to $27,894 per worker. Penalty amounts adjust annually for inflation.

Sources

Disclaimer: Mubboo Editorial Team. This guide is for general information only and is not tax, legal, or immigration advice. Tax and immigration rules change — always confirm with the official agency, a licensed tax professional, or an immigration attorney before relying on these instructions for filing.