What is the Form I-9?

Acceptable Form I-9 Documents

To satisfy the I-9 requirements, employees must provide documentation that establishes both their identity and employment authorization. There are three lists of acceptable documents, and the rules are as follows:

• List A: Presents documents that establish both identity and employment authorization. Only one document from this list is required.
• OR
• List B and List C: If no document from List A is available, employees must present one document from List B (establishing identity) and one from List C (establishing employment authorization).

Examples of Acceptable Documents

List A (Identity and Employment Authorization)

• U.S. Passport or U.S. Passport Card
• Permanent Resident Card or Alien Registration Receipt Card
• Employment Authorization Document Card
• Some foreign passports (with proper endorsements)

List B (Identity Only)

• Driver’s license or ID card issued by a U.S. state or outlying territory
• Voter registration card
• U.S. military card or draft record
• Native American tribal document
• Driver’s license issued by a Canadian government authority

Note: For individuals under 18 without the above documents, a school record, report card, clinic or hospital record, or day care/nursery school record may be presented.

List C (Employment Authorization Only)

• U.S. Social Security Card
• Original or certified copy of a birth certificate issued by a U.S. state, county, or municipal authority
• Certificate of Birth Abroad or Consular Report of Birth Abroad issued by the Department of State
• U.S. Citizen ID Card
• Identification Card for Use of Resident Citizen

Employers should carefully review these documents for authenticity and ensure that any combination provided satisfies the requirements before completing Section 2.

Acceptable Documentation for Form I-9: Lists A, B, and C

To complete Section 2 of the Form I-9, employees must present documentation showing both their identity and authorization to work in the U.S. The documents are categorized into three lists. Employees may provide:

• One document from List A (establishing both identity and employment authorization),
• or one document from List B (identity only) and one from List C (employment authorization only).

Below is an overview of each list:

List A: Documents That Establish Both Identity and Employment Authorization

Examples include:

• U.S. Passport or U.S. Passport Card
• Permanent Resident Card (“Green Card”) or Alien Registration Receipt Card (Form I-551)
• Employment Authorization Document with photo (Form I-766)
• Foreign passport with a temporary I-551 stamp or printed notation of permanent residence
• Foreign passport with a Form I-94 or I-94A indicating authorization to work

List B: Documents That Establish Identity Only

Items commonly accepted:

• State-issued driver’s license or ID card with a photograph or identifying information
• ID card issued by federal, state, or local government agencies or entities, provided it contains a photograph or identifying information such as name, date of birth, gender, height, eye color, and address
• Voter registration card
• U.S. military card or draft record
• Military dependent’s ID card
• Native American tribal document
• Driver’s license issued by a Canadian government authority

Note: For individuals under 18 who are unable to present the above, alternatives like a school record, report card, clinic or hospital record, or daycare record may be used.

List C: Documents That Establish Employment Authorization Only

Acceptable documents include:

• Social Security card issued by the Social Security Administration (not marked as “Not Valid for Employment”)
• Certification of Birth Abroad (Form FS-545) or Certificate of Report of Birth issued by the U.S. Department of State (Form DS-1350)
• Original or certified copy of a birth certificate issued by a state, county, municipal authority, or outlying territory of the United States, bearing an official seal
• U.S. Citizen ID Card (Form I-197)
• Identification Card for Use of Resident Citizen in the United States (Form I-179)
• Consular Report of Birth Abroad (Form FS-240)

Employers must review these documents in person and ensure they appear genuine and relate to the employee presenting them.

*Following the proper completion of Section 2, an Employer may choose to, or be required to, submit the completed Form I-9 to E-Verify (https://mitratech.com/products/tracker-i-9-compliance/e-verify-laws-by-state/).

How to Fill Out Form I-9

Now that you know what the Form I-9 is and who handles each section, let’s walk through the steps of properly completing this critical document.

Completing Section 1 (Employee Information)

The first section is all on the employee—no pressure! New hires need to knock this out no later than their very first day of work (including any paid training sessions). Here’s what’s needed:

• Personal details: Legal name (and any other names used, such as maiden names), address, and date of birth.
• Citizenship or immigration status: The employee checks a box to indicate whether they’re a U.S. citizen, noncitizen national, lawful permanent resident, or otherwise authorized to work in the U.S.
• Additional documentation: If applicable, details like A-Number/USCIS number, Form I-94 admission number, or a foreign passport number and work authorization expiration date.
• Signature and date: The employee must sign and date Section 1 on the actual day it’s completed—no backdating allowed.

Pro tip: If your organization uses E-Verify, remind employees to include their Social Security number.

After the employee wraps up this section, the employer should double-check for any missing fields or signatures. If anything needs correction, the employee should update the form, initial, and date the change.

Completing Section 2 (Employer Review and Verification)

Within three business days of the employee’s start date, the employer steps in for Section 2. This is where you confirm the employee’s identity and right to work in the U.S. You’ll need to:

• Review original documents in person: Employees must bring acceptable documents (see the official ):
• Option 1: One document from List A (proves both identity and employment authorization)
• Option 2: One document from List B (proves identity) and one from List C (proves authorization)
• Never accept photocopies, unless it’s a certified copy of a birth certificate.
• Record details: Document type, issuing authority, document number, and expiration date (as applicable).
• Enter the start date: Fill in when the employee actually began work for pay.
• Complete and sign the certification: The employer or their authorized representative must sign and date Section 2, attesting that they’ve reviewed the documents in person (or, if permitted, via a DHS-authorized alternative procedure such as a live video review for E-Verify participants).

If the employee brings the wrong documentation, you can request alternates—but be careful to avoid any hint of discrimination.

Once these steps are done, you’re in the clear for Section 2. Proper completion here is key: mistakes can be costly if you ever face an audit.

Now, let’s take a trip back in time and explore where the Form I-9 got its start, and why it’s such an important part of every U.S. employer’s onboarding process.

Handling Unacceptable Documentation

What happens if an employee brings in documentation that doesn’t meet the requirements? Employers are obligated to ensure that documents presented are original, current (not expired), and found on the lists of acceptable I-9 documents. Photocopies won’t cut it—except for certified copies of birth certificates, which are the single exception to this rule.

If an employee provides a document that isn’t acceptable (perhaps it’s expired or simply isn’t on the approved list), the employer should politely inform the employee and ask for a different, valid document from the appropriate I-9 lists. The key is to offer the employee a fair chance to present alternative, qualifying documentation—without suggesting specific documents—that will fulfill the requirements. This helps ensure compliance and avoids the risk of discrimination based on citizenship or national origin.

Key Differences Between Form I-9 and Form W-9

You might have heard of both Form I-9 and Form W-9 in the hiring process, but they serve very different purposes:

• Form I-9 is all about employment eligibility. Every employer must use it to confirm the identity and authorization to work of every employee hired in the United States—regardless of the person’s citizenship. This form is required for anyone brought on as a standard (W-2) employee.
• Form W-9, by contrast, is tied to taxes. Instead of employment authorization, it gathers taxpayer identification details from independent contractors, freelancers, or vendors. Employers use the information from Form W-9 to generate a 1099 form, which reports payments made to those individuals for tax purposes.

In summary, if you’re onboarding a new employee, you’ll need Form I-9 to verify their right to work. If you’re engaging a contractor or an outside vendor, you’ll request a W-9 for tax reporting needs. Each form plays a crucial yet distinct role in the workplace compliance landscape.

The Spanish Form I-9: Who Can Use It?

If you’re wondering whether you can use the Spanish version of Form I-9 in the United States, here’s the scoop: U.S.-based employers are generally not permitted to use the Spanish-language I-9 for official completion—except in Puerto Rico. On the U.S. mainland, the Spanish form is provided solely as a reference or translation tool to assist Spanish-speaking employees in understanding or filling out the English version. For employers in Puerto Rico, however, using the Spanish version as the official form is both allowed and recognized by the U.S. Citizenship and Immigration Services (USCIS).

In summary:

• Employers outside Puerto Rico must complete and retain the official English version.
• The Spanish version can be used as a helpful guide during the process.
• Puerto Rico-based employers may use the Spanish form to satisfy federal requirements.

This distinction helps ensure all documentation complies with federal law—regardless of which language assists the employee during onboarding.

Is Form I-9 the Same as a Background Check?

It’s a common misconception, but the Form I-9 is not a background check. While employers frequently conduct background checks—looking into an applicant’s work experience, education, or potential criminal history—the I-9 serves a different, very specific purpose.

The Form I-9 is strictly part of the onboarding process, and it’s only concerned with verifying an employee’s identity and authorization to work in the U.S. No deep-dive into your personal history, no checking up on your references or running a criminal records search—just a focus on the documents that prove you’re eligible to work.

Employers complete the I-9 for every new hire, regardless of whether or not a traditional background check is conducted and regardless of the type of position.

History of the Form I-9: What is I-9 Documentation?

The I-9 came about as a result of the Immigration Reform and Control Act (IRCA) of 1986. This act was established to accomplish two things: prevent the employment of undocumented immigrants or others not authorized to work in the United States, and to prevent workplace discrimination based on citizenship or national origin.

In order to comply with federal law, U.S. based employers must verify the identity and employment authorization of each person they hire, complete and retain a Form I-9 for each employee, and refrain from discriminating against individuals on the basis of national origin or citizenship. I-9 compliance is mandatory for all employers and significant fines can be incurred in the event of an audit by Immigration and Customs Enforcement (ICE) or other federal bodies.

As of May 2019 there have been 13 versions of the Form I-9. The most recent form was revised in July of 2017 and took effect September 18, 2017. Many of these revisions either add/remove data fields, modify requirements for documentation needed in Section 2/Section 3, and/or often include rule changes that impact the Form I-9 process.  For this reason, it’s imperative that employers use the most recently revised form.

Failure to utilize the most updated version of the Form I-9 can easily lead to severe penalties in the event of an audit. View a full history of previous versions of the Form I-9.

How can employers maintain compliance with I-9 verification?

Staying on top of I-9 verification may feel like spinning plates—timelines are strict, storage rules are specific, and one misstep could mean headaches down the line. To ensure compliance, employers should:

By embracing these best practices, employers can more easily steer clear of compliance pitfalls, free up time for other HR matters, and maintain peace of mind come audit season.

Why should employers care about Form I-9?

Just as any federal document, the Form I-9 is not to be taken lightly. In fact, the Form I-9 is more than just a form that must be completed upon hiring a new employee – it is a covenant between employer, employee, and the U.S. government which attests that the employer is in fact hiring an employee who stands in compliance with the federal and state guidelines for legal employment at the time of the completion of the I-9.

Employers are required by law to complete Form I-9 for all W-2 employees within three days of the employee’s first date of employment. Failure to fill out Form I-9 may result in civil or criminal penalties. This legal obligation is not just a bureaucratic formality—failure to comply can have serious consequences.

Breach of this agreement – accidental or intentional – could spell various troubles to the employer and employee including but not limited to:

1. Warning Notice
2. Monetary Fines
3. Criminal Prosecution
4. Workplace Raids
5. Office of Chief Administrative Hearing Officer (OCAHO) hearings
6. Court Settlements

The varying degrees of violations and penalties noted above are administered by the Immigration and Customs Enforcement Agency (ICE) after a Notice of Inspection (NOI).

Common Form I-9 errors:

• Timeline of completion is ignored. USCIS maintains strict timeline requires that cannot be overlooked.
• Failure to complete both sides of the I-9. There are two sections that must be properly completed.
• Using White-Out. White-Out is never permitted

Common errors employees make:

• Failure to enter name, date of birth, or address.
• Failure to enter initial day of employment.
• Failure to indicate residency status.
• If employee chooses “Lawful Permanent Resident” they do not enter the USCIS number.
• If I-9 form was completed with the help of a translator, the employee fails to have the translator sign, print name, and date form.

Additional common mistakes include neglecting to complete all required fields in Section 1, such as omitting other legal last names used (like a maiden name), failing to check the appropriate box for citizenship or immigration status, or not providing an A-Number/USCIS Number, Form I-94 admission number, or foreign passport number and employment authorization expiration date when applicable. Employees must sign and date Section 1 on the actual date of completion—backdating is never acceptable. For employers using E-Verify, the employee must also provide their Social Security number as issued by the Social Security Administration. Once Section 1 is complete, the employee should present the form along with their identity documentation for review.

Common errors employers make:

• Failure to enter the approved documentation on the I-9 form.
• Failure to submit Section 2 after the third business day of initial employment.

Section 2 of the I-9 is the employer’s responsibility and centers on verifying the employee’s identity and employment authorization. Before diving into Section 2, employers should review Section 1 for accuracy—if there are errors or missing information, the employee must correct, initial, and date those changes before proceeding.

For verification, employees may present either:

• One document from List A (proving both identity and work authorization), or
• One document from List B (identity) and one from List C (employment authorization).

Employers (or their authorized representatives) must physically examine each document in the employee’s presence (unless using a DHS-authorized remote procedure, such as those introduced for E-Verify participants in August 2023). Documents must be original and unexpired—photocopies aren’t accepted, with the exception of certified copies of birth certificates. If an employee tries to provide unacceptable documentation, the employer should request alternatives from the official lists.

Once documents are accepted, employers need to:

• Enter the document title, issuing authority, document number (if any), and expiration date (if any).
• Record the employee’s start date.
• Complete any required employer information on the form.
• If a DHS-authorized remote procedure was used, note this in Section 2.
• Sign and date the form.

Skipping any of these steps, or failing to complete Section 2 accurately and on time, can quickly land an employer on an auditor’s “naughty list.”

• Failure to enter the initial start date of employment.
• Failure to not enter the name, address, or title of the business.
• Using the incorrect/outdated version of the I-9 form.
• Asking employee for specific documentation on Section 2 – this is discrimination.
• Copying of documentation -the employer cannot discriminate; if the employer wishes to keep copies, he/she must make copies for all the employees.
• Employer incorrectly submits Section 3 after the employee has had his/her work authorization expire. They must request the documented evidence with the listed expiration date.

Retention of the Form I-9

Employers must be prepared to produce all Form I-9s in the event of an NOI.  There are no specific legal restrictions to where and how an employer may choose to store their I-9s; however, it is recommended to avoid storing I-9 records in decentralized locations due to the difficulty of attaining those records in the event of a sudden audit. Common solutions include centralizing the process and uploading I-9s to a secure, cloud-based I-9 system.

Keep in mind that during an NOI, I-9 records requested can be those of employees who are currently employed, as well as terminated employees who fall within the termination retention period of USCIS’ rule: three (3) years from the date of hire or one (1) year from the date of termination, whichever is later.

The rule of thumb, therefore?  Do not destroy an I-9 simply because an employee is no longer employed.

Other helpful resources?

• Official USCIS Website
• Official ICE Website
• Official E-Verify Website