What is an I-9 Form? Uncover Its Role in Hiring Compliance

Introduction

The Critical Role of Documentation in the Hiring Process

For HR teams, managing I-9 compliance is a balancing act. From ensuring timely form completion to managing document verification, the process demands meticulous attention to detail. Proper documentation not only shields employers from civil penalties but also maintains hiring integrity^[1]. The stakes are high - with fines ranging from $230 to $2,292 per form violation for technical errors, and up to $22,927 per violation for knowingly hiring unauthorized workers^[5].

The documentation process centers on confirming two critical elements: the employee's identity and their legal authorization to work in the United States^[2]. This verification must occur within strict timeframes, with employees completing their portion by the first day of work and employers verifying documents within three business days of the start date^[2].

Legal Framework for Employment Verification in the U.S.

The foundation of employment verification in the United States rests on the Immigration Reform and Control Act (IRCA) of 1986. This landmark legislation established two fundamental obligations: employers must verify employee identity and work authorization, and they cannot knowingly hire unauthorized workers^[1].

Subsequent laws have further refined the legal landscape. The Immigration Act of 1990 prohibited discriminatory document practices during verification, while the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 refined acceptable documentation requirements^[1]. Under current regulations, employers face substantial penalties for non-compliance, with fines varying based on company size and violation frequency.

Navigating the Confusion Between I-9 and W-9 Forms

Many organizations struggle to differentiate between I-9 and W-9 forms in the hiring process. While both play crucial roles, their purposes are distinct. The I-9 form verifies employment eligibility, requiring employers to confirm an employee's identity and legal authorization to work in the United States^[4]. In contrast, the W-9 form is used for independent contractors to provide their tax identification information and indicate whether they are subject to backup withholding^[6].

A common misconception is that E-Verify replaces the I-9 process. However, E-Verify only electronically verifies employment eligibility by comparing records with the Social Security Administration - employers must still complete all I-9 requirements^[4]. Understanding these distinctions is crucial for maintaining compliance and avoiding costly penalties.

What is an I-9 Form: Fundamentals and Purpose

Definition and Essential Function of Form I-9

Form I-9, officially titled "Employment Eligibility Verification," serves as the federal government's primary tool for verifying both identity and work authorization of individuals hired in the United States^[7]. Every U.S. employer must complete this form for all new employees, regardless of citizenship status or company size^[8].

The form facilitates compliance with federal law requiring employers to hire only individuals legally permitted to work in the U.S. by documenting the inspection of employee-provided identification and work authorization documents^[8]. While there is no fee associated with Form I-9, employers face strict compliance requirements - they must not only complete the form for each new hire but also retain it for either three years after the hire date or one year after employment ends, whichever is later^[7].

Legal Basis: The Immigration Reform and Control Act (IRCA)

The Immigration Reform and Control Act (IRCA) of 1986 established the legal foundation for employment verification in the United States. IRCA prohibits employers from knowingly hiring unauthorized workers and requires verification of identity and work authorization for all employees hired after November 6, 1986^[3].

This framework expanded through subsequent legislation - the Immigration Act of 1990 prohibited discriminatory document practices during verification, while the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 refined acceptable documentation requirements and created the pilot program that would become E-Verify^[3].

Under IRCA, employers face both civil and criminal penalties for violations, with mandatory document retention periods of three years from hire date or one year after employment ends, whichever is later^[10]. The law requires employers to allow federal inspections of I-9 forms with three business days' notice, and violations can result in civil fines, criminal prosecution, and potential debarment from federal contracts^[10].

Who Must Complete an I-9 Form (And Who's Exempt)

Every U.S. employer must complete Form I-9 for all employees hired after November 6, 1986, who perform work in exchange for wages or other remuneration, including food and lodging^[11]. The requirement extends to employees in the Commonwealth of the Northern Mariana Islands hired after November 28, 2009^[12].

However, several categories are exempt from I-9 requirements. Independent contractors, casual domestic workers in private homes, and individuals providing labor who are employed by a contractor providing contract services do not need to complete Form I-9^[13]. Self-employed individuals only need to complete Form I-9 if they work as employees of a separate business entity like a corporation or partnership^[11].

Importantly, interns and volunteers are exempt unless they receive remuneration for their services, and job applicants should not complete I-9s until after accepting an employment offer^[13]. Employers can designate authorized representatives to complete Section 2 on their behalf, including personnel officers, foremen, or notaries public, though employees cannot act as authorized representatives for their own forms^[11].

Current Version and Recent Updates (2023-2027)

The U.S. Citizenship and Immigration Services (USCIS) released a new Form I-9 edition dated August 1, 2023, with an expiration date of May 31, 2027^[8]. This version includes streamlined sections to simplify completion and adds a checkbox for E-Verify employers to indicate remote document verification^[1].

Key updates include revised citizenship status language in E-Verify from "a noncitizen authorized to work" to "an alien authorized to work," along with an updated privacy notice^[14]. The form now directs employers to the Handbook for Employers (M-274) for document examples and expands acceptable receipt documentation to include items like Form I-797 receipts for replacement documents^[8].

These changes reflect USCIS's efforts to modernize the verification process while maintaining compliance standards for employment eligibility verification^[1]. Employers can continue using the previous edition (with July 31, 2026 expiration) until its expiration, but must transition to the new form by July 31, 2026^[14].

Anatomy of the I-9 Form: Section-by-Section Breakdown

Section 1: Employee Information and Attestation Requirements

Section 1 of Form I-9 captures essential employee information and requires attestation of work authorization status. Employees must complete this section by their first day of work, providing their legal name, other names used, current address, date of birth, and optional Social Security number (though required for E-Verify participants)^[15].

The form requires employees to attest to their citizenship or immigration status by selecting the appropriate box, followed by their signature and date^[12]. While email and phone numbers remain optional, employees must print clearly if completing the form by hand^[16].

Employers cannot request specific documents containing Social Security numbers, as this may constitute discrimination^[16]. For employees who need assistance, Form I-9 allows preparer or translator help through a separate certification supplement, though employers must ensure all sections are properly completed to avoid federal penalties^[16].

After completion, employers should review Section 1 for accuracy but can only request corrections for confirmed errors, which must be initialed and dated by the employee^[16].

Section 2: Employer Review and Document Verification Process

Employers must complete Section 2 within three business days of an employee's start date by examining original, unexpired documentation that verifies identity and work authorization^[17].

The employer or authorized representative must physically examine documents in the employee's presence, though E-Verify participants may be eligible for remote verification options^[17]. Employers cannot specify which documents employees must present - workers can choose either one document from List A or a combination of documents from Lists B and C^[17].

The person examining documents must record the document title, issuing authority, number, and expiration date in Section 2, then sign and date the certification^[17]. Employers can designate authorized representatives like personnel officers, foremen, or notaries to complete Section 2, but employees cannot verify their own documents^[18].

The employer must also record their business name and physical address (P.O. boxes are not acceptable), along with the employee's first day of employment^[17]. Staffing agencies can use either the first assignment date or pool entry date as the employment start date^[18].

Failure to properly complete verification within the required timeframe risks civil penalties under the Immigration and Nationality Act^[17]. To streamline this process and ensure compliance, many organizations are turning to digital solutions like WorkBright's Smart I-9 platform, which guides employers through each step of the verification process while maintaining full compliance with federal regulations. Learn more about WorkBright's Smart I-9 solution

Section 3: When and How to Complete Reverification

Section 3 of Form I-9 handles reverification of employment authorization for workers with temporary work permits. Employers must reverify eligibility before the expiration date listed in Section 1 or when temporary work authorization documents in Section 2 expire^[19].

The process requires examining new List A or List C documents showing current work authorization - employers cannot specify which documents employees must present^[20]. Reverification is not required for U.S. citizens, noncitizen nationals, or when U.S. passports, permanent resident cards, or List B documents expire^[20].

For proper reverification, employers must complete Section 3 of the original I-9 or use a new form if the previous version has expired^[19]. Failing to reverify can result in serious penalties - fines range from $252-$2,507 for paperwork violations and $627-$5,016 for knowingly employing unauthorized workers^[20].

Special Cases: Preparer/Translator Certification

Form I-9 includes special provisions for employees who need assistance completing Section 1 through a preparer or translator. Each person who helps an employee must complete a separate certification block on Supplement A, providing their name, address, signature, and date^[21].

The preparer/translator certification applies to anyone who helps translate or fill out the form, and employers must retain all completed supplement pages with the employee's I-9^[22]. The date the employee signs should match the date the preparer/translator signed the supplement to maintain consistency in documentation^[21].

Multiple preparers or translators can assist a single employee, with each completing their own certification block^[22]. This certification process helps ensure accuracy while providing necessary language assistance, though employees must still sign the form themselves even when receiving help^[21].

The I-9 Verification Timeline and Documentation

Critical Deadlines: First Day and Three-Business-Day Rules

The I-9 verification process follows strict timing requirements to maintain compliance. Employees must complete and sign Section 1 no later than their first day of employment, though they can fill it out any time after accepting a job offer^[21].

For employers, the verification window extends three business days from the employee's start date. For example, if employment begins Monday, document verification must be completed by Thursday^[10]. Employers can review documents and complete Section 2 at any point between the employee accepting the job offer and completing Section 1, as long as verification concludes within the three-business-day window^[21].

The Immigration Reform and Control Act establishes these deadlines as part of the fundamental employment verification requirements, with employers facing potential civil and criminal penalties for missing these critical timeframes^[10].

Acceptable Documents: Understanding Lists A, B, and C

Form I-9 verification requires specific documents organized into three lists: List A establishes both identity and work authorization, while Lists B and C establish identity and work authorization separately.

List A documents include items like a U.S. passport, Permanent Resident Card, or Employment Authorization Document - presenting one List A document fulfills both requirements^[23]. Employees who don't have a List A document must instead present one document each from Lists B and C^[24].

List B documents prove identity through items like a driver's license, state ID card, or school ID with photograph. For workers under 18, acceptable List B documents expand to include school records, medical records, or daycare records^[24].

List C documents verify work authorization through items like an unrestricted Social Security card, birth certificate, or U.S. citizen ID card^[23]. Employers must examine original, unexpired documents that reasonably appear genuine and relate to the person presenting them, though they cannot specify which documents an employee must provide^[24].

Proper Document Examination and Verification Procedures

Proper document examination requires employers to carefully review employee-provided documentation without needing document expertise. When examining documents for I-9 verification, employers must confirm they reasonably appear genuine and relate to the person presenting them, though they cannot demand specific documents from employees^[25].

If documents don't appear genuine or don't relate to the employee, employers must reject them and request alternative qualifying documentation^[25]. For name discrepancies between documents and Section 1, employers should ask about the reason for differences and may attach an explanatory memo to the I-9 form if satisfied the documents relate to the employee^[25].

While employers aren't expected to be document experts, they can access additional training through programs like IMAGE (ICE Mutual Agreement between Government and Employers) which provides education on fraudulent document detection and proper verification procedures^[25].

The examination must occur with original documents - employers using electronic I-9 forms must still physically examine and verify documentation since digital forms don't meet DHS standards for electronic verification^[15].

Remote Verification Options in Post-Pandemic Hiring

The COVID-19 pandemic fundamentally changed how employers verify I-9 documentation, leading to new permanent options for remote verification. While temporary COVID flexibilities ended July 31, 2023, qualified E-Verify employers can now use virtual document verification procedures^[26].

To qualify, employers must be enrolled in E-Verify, maintain good standing, and comply with all E-Verify program requirements^[26]. The virtual verification process requires employers to examine documents live via video, retain copies of documents, and check a box on Form I-9 indicating remote examination^[27].

For employers not enrolled in E-Verify, physical in-person document review remains mandatory, though they can still use authorized representatives to complete verification^[26]. The Department of Homeland Security has proposed a pilot program for small employers with fewer than 500 employees to conduct remote verification, similar to E-Verify users' virtual options^[26].

Employers using virtual verification must apply the practice consistently for all employees at a given hiring site to avoid discrimination claims^[27]. This shift towards remote verification highlights the growing importance of digital solutions in maintaining I-9 compliance, especially for organizations with distributed workforces.