Form I-9 is the U.S. federal form employers use to verify the identity and employment authorization of people hired to work in the United States. It applies to most employees regardless of citizenship or immigration status, though certain limited exceptions exist. The employee completes a section confirming their identity and work-authorization status, then chooses acceptable documents to present. The employer or an authorized representative examines those documents and records the review on the form within the required time. Form I-9 documents an employment verification process; it does not grant immigration status or permission to work. Employers generally keep the completed form in their records rather than routinely sending it to the government.
Table of Contents
- Who Completes Form I-9 and When?
- What Documents Can an Employee Present?
- When Is Reverification Required?
- How Does Verification Work for Remote Employees?
- How Long Must Employers Keep Form I-9?
- Who Handles Form I-9 for Contingent Workers?
Who Completes Form I-9 and When?
Most newly hired employees who work in the United States for wages or other compensation must complete Form I-9. Part-time work or a short assignment does not by itself remove the requirement. Genuine independent contractors generally are not subject to the employee verification process, although calling a worker a contractor does not determine their legal employment status. The actual working relationship matters.
The employee must complete Section 1 no later than their first day of employment, though they may complete it after accepting a job offer and before starting. Section 1 includes an attestation about the employee’s citizenship or immigration status. If someone helps prepare or translate the section, that person must complete the relevant preparer or translator certification.
The employer or its authorized representative generally completes Section 2 within three business days after the employee’s first day. If the job will last fewer than three business days, the employer must complete the verification by the first day. For example, for an employee who starts on Monday and will work longer than three business days, Section 2 is generally due by Thursday. The federal regulation on employment eligibility verification sets out these timing requirements and related procedures.
What Documents Can an Employee Present?
The employee chooses which acceptable documents to present. A document from List A establishes both identity and work authorization. Alternatively, the employee may present one document from List B to establish identity and one from List C to establish work authorization. A U.S. passport is an example of a List A document. A qualifying driver’s license paired with an acceptable Social Security card is one example of the List B and List C route.
The employer examines the documents and must generally accept them if they reasonably appear genuine and relate to the employee. The employer should not tell an employee which specific document to bring or demand extra documents because of perceived citizenship or national origin. The Department of Justice’s employment verification guidance explains that employees may choose from the acceptable documents. This is distinct from other onboarding paperwork. For example, Form W-4 addresses tax withholding rather than work authorization.
When Is Reverification Required?
Reverification is a later check that may be necessary when an employee’s employment authorization has an expiration date. When required, the employer records the updated information in Supplement B, formerly called Section 3. The employee may choose acceptable documents that establish continuing work authorization. The employer should follow current official instructions because certain receipts or automatic extensions can affect whether authorization remains valid and when action is due.
Reverification is not a routine renewal of every document. Employers generally do not reverify U.S. citizens or permanent residents solely because a Permanent Resident Card expires. They also do not reverify identity documents from List B. The relevant question is whether the employee’s authorization to work requires reverification, not whether any document in the employee’s file has an expiration date. USCIS provides current instructions and the applicable Form I-9 through its Form I-9 instructions.
Form I-9 also provides a process for recording certain rehires. Whether to complete a new form or update an existing one depends on the circumstances and timing. Employers should consult the form instructions rather than assume that a previous verification automatically covers a new period of employment.
How Does Verification Work for Remote Employees?
Working remotely does not remove the Form I-9 requirement or change the usual completion deadlines. Under the standard process, the employer or its authorized representative examines the employee’s documents in person. An employer may appoint a representative near the employee to conduct that review and complete the employer section. The employee cannot examine and certify their own documents, and the employer remains responsible for proper completion.
Some employers may use a DHS-authorized alternative procedure for remote document examination if they meet its conditions. Under that procedure, the employer examines copies of the documents and holds a live video interaction in which the employee presents the same documents. The employer must retain clear document copies and indicate on Form I-9 that it used the alternative procedure. Eligibility and other conditions apply, so remote examination should not be assumed to be available to every employer. The USCIS remote examination procedures describe the required steps.
E-Verify does not replace Form I-9. It is a separate system that participating employers use to compare information from the form against government records. Using E-Verify does not excuse the employer from completing the required I-9 steps.
How Long Must Employers Keep Form I-9?
Employers must keep a completed Form I-9 throughout the employee’s employment. After employment ends, the general retention period is until the later of three years after the hire date or one year after the employment end date. Employers should calculate both dates for each former employee rather than relying on a standard destruction date. Ending a client assignment does not necessarily mean employment has ended.
Forms may be stored on paper or electronically, subject to applicable recordkeeping requirements. Electronic records need appropriate safeguards and must be retrievable in a readable form if requested for inspection. A document management system can help organize records, but simply saving an image does not by itself establish that recordkeeping requirements are met. Access should be limited to people with a legitimate need to handle the information.
Employers should correct discovered errors transparently. Corrections should not hide the original entry or make it appear that a form was completed earlier than it was. Completed forms and any required supporting records must be available for authorized inspection.
Who Handles Form I-9 for Contingent Workers?
For a contingent workforce, the employment relationship generally determines which organization handles Form I-9. A staffing agency that hires workers as its employees generally completes their forms. A client does not usually complete a second Form I-9 merely because those employees perform work at the client’s location. A genuine independent contractor generally is not an employee subject to the client’s verification process.
Organizations should establish who is the employer and who is responsible for each verification step before workers begin assignments. That includes identifying who will examine documents, complete the form, retain it and respond if it is requested for inspection. This coordination matters when an authorized representative acts for the employer. Federal rules place responsibility on the employer even when it designates someone else to carry out the document review.
In contingent workforce management, these responsibilities should follow the actual employment arrangement rather than the location where work takes place. A client assignment may end while employment with the staffing employer continues. The retention period should therefore be based on the employment end date, not automatically on the worker’s last day at the client site. Accurate records and clear responsibility help keep employment verification connected to the correct employing organization.
