I-9 employment eligibility verification is the process every US employer uses to confirm that a new hire is who they say they are and is legally allowed to work in the United States. It is done on Form I-9 from the federal government, and it applies to every employee, citizen or not, hired to work in the US. This guide explains what it is, who has to do it, and how it actually works, in plain English.
1 What Form I-9 is
Form I-9, Employment Eligibility Verification, comes from US Citizenship and Immigration Services (USCIS). It records two things: the employee’s identity, and their authorization to work in the United States. The current edition is dated 01/20/2025 and expires 05/31/2027, shown in the corners of the form (OMB No. 1615-0047).
It is not a background check, a credit check, or a tax form. It is a standalone federal requirement that exists only to confirm work authorization.
2 Who has to complete it
Almost everyone. Employers must complete an I-9 for every person they hire to perform labor or services in the US, including US citizens. Employees must complete their part and present acceptable documents. The main exceptions are independent contractors and certain casual domestic workers.
3 The two sections and the 3-day rule
The form has two main parts:
- Section 1 is completed by the employee, no later than their first day of employment. They fill in their information and attest to their work-authorized status.
- Section 2 is completed by the employer, who examines the employee’s documents and records them within three business days of the employee’s first day of work. This is the well-known 3-day rule.
4 What documents you show
The employee chooses which acceptable documents to present. They give either one document from List A, or one from List B plus one from List C.
| List | Proves | Examples |
|---|---|---|
| List A | Identity AND work authorization | US passport, Permanent Resident Card, some EADs |
| List B | Identity only | Driver license, state ID |
| List C | Work authorization only | Social Security card, birth certificate |
The employer cannot tell the employee which documents to bring. That choice belongs to the employee, and dictating it can be a form of discrimination.
5 I-9 vs E-Verify
People mix these up constantly. Form I-9 is required for everyone. E-Verify is a separate, mostly voluntary online system that compares the I-9 information against government records. You complete the I-9 first; E-Verify is an extra step some employers use or are required to use. They are related but not the same thing.
6 Common mistakes and penalties
I-9 errors are one of the most common and most expensive compliance problems for small businesses. Frequent slip-ups:
- Missing the three-business-day deadline for Section 2
- Blank fields, missing signatures, or wrong dates
- Telling the employee which documents to present
- Not reverifying work authorization when it expires
- Using an outdated version of the form
Fines for I-9 paperwork violations are charged per form and add up fast across a workforce, so accuracy matters even when everyone involved is authorized to work.
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It means confirming, on Form I-9, that a new employee is who they claim to be and is legally authorized to work in the US.
Is Form I-9 required for US citizens?
Yes. Every employee hired to work in the US completes an I-9, citizens included.
Who fills out the I-9, the employer or employee?
Both. The employee completes Section 1, and the employer completes Section 2 after examining the documents.
Is I-9 the same as E-Verify?
No. The I-9 is the required paper or electronic form. E-Verify is a separate online check some employers use on top of it.
Next reads: the employer step-by-step guide and online and remote I-9 verification.
More on I-9 verification: I-9 verification in NYC, what documents you need for I-9, and who can verify an I-9.
This article is general information, not legal advice. Federal I-9 requirements and form versions change over time. Confirm current rules with USCIS at uscis.gov/i-9 or a qualified professional.