Your guide to form I-9 in 2025

As an employer, the form I-9 is your most critical security measure for maintaining a compliant workforce. But the hiring landscape of 2025 looks very different compared to that of last year.

Tighter immigration controls, coupled with a sharp rise in I-9 audits and increased penalties, mean that the margin for error is smaller than ever. Organizations now face even greater risks if their I-9 processes aren’t airtight. 

In this guide, we break down the basics of what you need to know to ensure a legal and compliant workforce—without wasting hours on tedious paperwork. 

Form I-9: The basics

What is an I-9 form used for?

Form I-9, or the Employment Eligibility Verification form, is the procedure for confirming the identity of new employees and ensuring they are legally allowed to work in the United States.

Its purpose is to prevent illegal employment—meaning fair, lawful employment practices for everyone legally allowed to work. 

Form I-9 carries steep penalties for employers who fail to comply with document requirements, with fines ranging up to the thousands per form. Read on for the step-by-step guide to ensure that your form I-9s are in compliance.

When should you fill out an I-9 form — and which version should you use?

If you hire employees to work in the US, it’s a legal requirement to complete and retain a form I-9 for each new hire. But you don’t have to complete an I-9 for contractors, agency temps, or employees not working on US soil.

Knowing which version of the form to use is just as important as knowing who needs one. New versions of the form I-9 aren’t always released on a predictable schedule—and in the past, new versions have been released months after a previous one expired. 

When you’re onboarding new hires, you need to check the issue date to make sure you’re using the correct version. 

What are your responsibilities as the employer in the I-9 process?

As an employer, it’s your job to provide structure and support to guide employees through a legal process. As such, it’s your responsibility to:

• Support the employee to complete the form: Legal forms can feel intimidating for your workforce. Support employees by providing lists of acceptable documents, tactical advice, and materials to guide them through the process and what to expect. Don’t forget to have some FAQs that cover what happens if a query is raised.
• Verify employment eligibility: Employers are responsible for checking that employees have filled out section 1 properly and provided the appropriate documents.
• Retain and store documentation: Employers have a legal duty to retain, store, and show form I-9s and supporting documentation copies when requested. These must be retained for three years. If an employee stays with the company for more than three years, you must keep their I-9 for at least one year after they leave.

What are the employee’s responsibilities in the I-9 process?

For employees, key I-9 responsibilities include:

• Completing Section 1 accurately and on time: Employees must fully complete Section 1 of Form I-9 by the first day of their employment.
• Provide acceptable verification documents: New hires are responsible for providing original, unexpired copies of their verification documents so that they can be verified within three business days of their start date.
• Know the risks of false information: Employees must be clear that providing false information or invalid documentation may be illegal and could expose them and the employer to penalties.
• Keep documentation and I-9 forms up to date: Employees need to notify their employer of any changes to their employment eligibility, any legal name changes, or if any of their documentation is expiring and needs to be reverified.

A step-by-step guide to completing form I-9

There are five key parts to the form I-9:

1. Section 1: Employee information and attestation
2. Section 2: Employer review and verification
3. Lists of acceptable documents
4. Supplement A: Preparer and/or translator certification for Section 1
5. Supplement B: Reverification and rehire (formerly Section 3)

Let’s take an in-depth look at the purpose of each part, how and when to complete them, and who is responsible for each section.

1. Section 1: Employee information and attestation

Who completes Section 1?

Every new employee must complete Section 1 of form I-9. They can also work with a preparer and/or translator, but any preparer or translator must then complete Supplement A (more on that later).

When should Section 1 be completed?

Every new employee must complete and sign this section by the first day of their employment.

What details do employees need to provide?

Employees are legally required to provide information on their identity, including:

• Their current legal name
• Previous or other legal last names, (e.g. their maiden name)
• Current address including zip code
• Date of birth (in mm/dd/yyyy format)
• Social Security number (if the employer is enrolled in E-Verify)

They can also provide other optional information, including their phone number and email address. This helps the Department of Homeland Security (DHS) contact you directly if there’s a discrepancy on your form. 

Declaring residency and employment status

As part of the I-9 form, employees must also specify their residency and employment status. They can choose from four options:

1. Citizen of the United States.
2. Non-citizen national of the United States
3. Lawful permanent resident, with an Alien Registration Number (A-Number) or USCIS Number.
4. Non-citizen authorized to work, such as an asylee or refugee. They must provide the date their employment authorization expires.

Once all these details are in place, the employee must sign and date the form.

2. Section 2: Employer review and verification

Who completes Section 2?

You, as the employer—or your authorized representative—must fill out I-9 Section 2 (and don’t worry—we’ll talk about authorized representatives later on in this guide).

When should Section 2 be completed?

You must complete Section 2 within three business days of the employee beginning paid work. Even if you hire someone for less than three business days, you still need to complete form I-9 and Section 2.

What is the procedure for Section 2?

In Section 2, you need to verify your new employee’s supporting documentation that proves their identity and eligibility to work in the US.

There are a few steps to this process:

• Examine the original, acceptable, and unexpired documentation (or an acceptable receipt for pending documentation) to ensure it is genuine, valid and relates to the employee.
• Complete Section 2 of I-9, including the document title, issuing authority, document number, and expiration date.
• Sign and date Section 2 to certify that the documents appear genuine, and that the employee is authorized to work. 

Remote verification using alternative procedure

Until recently, employers were mandated to review this documentation in person, with the employee present. But due to the rise of remote work, employers enrolled in E-Verify can now use the I-9 alternative procedure to review documents remotely. 

Let’s break down these two concepts:

• Alternative procedure is a virtual review option that offers more flexibility and convenience for remote and hybrid employees, but comes with distinct requirements for employers who wish to participate.
• E-Verify is a free, voluntary web-based system that allows you to check new hire employment eligibility against government records held by the DHS and the Social Security Administration (SSA). Find out more here.

Here’s how it works:

• Once the new employee has completed I-9 Section 1, they securely submit an electronic copy of their documents to the employer.
• The employee has a virtual meeting with an authorized representative of their employer. The representative reviews the employee’s identity and work authorization documents and attests they appear genuine and related to the employee.
• The representative signs Section 2 of the employee’s Form I-9 and checks the “Alternative Procedure” box.
• The employer validates the employee information by submitting and closing an E-Verify case. The employer securely stores and retains the documents securely in the event of an audit.

Employers can only qualify to use alternative procedure if:

• They use E-Verify and are in good standing
• Users undergo E-Verify training
• E-Verify must be used for all new hires, unless physical examination is available for on-site employees
• Employers are able to securely retain and present clear and legible copies of all documents

3. List of acceptable documents

Each employee has to provide valid documentation that establishes both their identity and their authorization to work in the US. The DHS has produced three lists of acceptable documentation:

• List A documents show both identity and employment authorization
• List B documents show identity only
• List C documents show employment authorization only

To fulfill the requirements of Form I-9, employees can choose either:

• 1 document selected from List A; or
• 1 selection from List B together with 1 selection from List C.

So, for example, an employee could provide a valid US passport (from List A) or a US driver’s license together with their birth certificate.

It’s important to note that employees get to choose which documentation they present. The I-9 form is designed to prevent employee discrimination—so employers cannot demand different or additional documentation—nor can they use the I-9 process as a screening test to check citizenship, immigration status, or national origin. Doing so isn’t just bad practice—it may actually be illegal under federal law. 

List A: Documents that establish both identity and employment authorization

If your employees can present a valid List A document, that is sufficient. You should not ask them to provide List B or List C documents. List A documents include:

• U.S. passport or passport card
• Foreign passport accompanied by a Form I-94, Form I-94A, or containing a temporary Form I-551 or stamp.
• Permanent Resident Card or Alien Registration Receipt Card (“Green Cards.”)
• Employment Authorization Document Card

List B: Documents that establish identity only

If your employee chooses to present a List B document, they must also present a document from List C. List B documents include:

• US or Canadian driver’s license
• Government-issued ID card or school ID card with a photograph
• Voter registration card
• US military card or draft record

If your business participates in E-Verify, the List B document must contain a photograph.

List C: Documents that establish employment authorization only

If your employees choose to present a List C document, they must also provide a document from List B. List C documents include:

• An unrestricted US Social Security card
• Original or certified copies of birth certificates
• US Citizen ID Card or Resident Citizen ID Card
• An employment authorization document issued by the DHS such as refugee or asylee records, certificates of US citizenship or naturalization or an unexpired Reentry Permit

4. Supplement A

A translator, or anyone else who helps an employee to complete Section 1, should fill out a separate certification block on Supplement A, providing their name and address, their signature, and the date.

It’s important to note that even if a preparer or translator helped them, the employee must still sign and date Section 1.

5. Supplement B

Supplement B of Form I-9 allows you to modify or update certain employee details. You should complete Supplement B if your employee has:

• Legally changed their name
• Been rehired within three years of completing their original I-9
• Renewed an expired employment authorization or document

Let’s outline a couple of scenarios as an example.

If your employee’s employment authorization expires, you need to reverify that they are still authorized to work (note: reverification does not apply to US citizens). Check the new documents for authenticity, record the document title, document number and expiration date.

Supplement B also applies if you’re rehiring an employee within three years, check their original form I-9 and documentation to ensure they are still authorized to work, complete the reverification for any expired documents, enter the date of the rehire.

In both cases, once your updates are complete, you need to sign and date Supplement B as part of your I-9 process.

But it’s far better to make sure these lapses don’t happen at all by keeping track of expiration dates, and giving employees plenty of notice when it’s time to reverify. 

WorkBright’s I-9 can help here, with automated reminders and a handy I-9 tracker. Find out more here.

How to check document authenticity

Before completing Section 2 of Form I-9, you, or your authorized representative, must carefully examine the employee’s documents. You should:

• Check for expiration dates
• Check that they seem authentic (look for any inconsistencies or signs of tampering)
• Compare the document data with the information the employee has provided in Section 1
• Ensure that any photo is a reasonable likeness to the employee

If you’re unsure about the validity of any document, it’s important not to certify it, because it can lead to penalties down the line. 

But with so many document types out there, knowing what to look for can be challenging at scale—especially if your team is unfamiliar with some forms of identification or professional certifications. 

This is where using a dedicated platform can come in handy to increase accuracy without increasing your workload. 

WorkBright’s Document Verification tool helps organizations analyze employee documentation for key features including watermarks, formatting, and signs of tampering. 

Here’s how it works:

• Upload employee documentation into the WorkBright platform
• WorkBright analyzes the documentation for key acceptable document features
• WorkBright notifies you if any documents fail the compliance screening, allowing for manual review and action.

Our platform is an extra layer of protection that can scan hundreds of types of acceptable documents—and when paired with a human reviewer, significantly increases your accuracy and efficiency. 

Why I-9 accuracy matters: Updated penalties for 2025

When I-9 errors happen, they’re not just a paperwork issue—they’re a compliance issue that can cost you some serious money as well as your reputation. That goes for honest mistakes or oversights, too. 

There are three different levels of I-9 errors, with different potential penalties:

1. Minor errors: If you make a trivial mistake, such as a missing address or date, you have 10 days from the submission of the I-9 to correct it. For paper forms, employees should draw a line through the error, add the correct information, and initial and date the correction, without using correction fluid. For electronic I-9 forms, an audit trail should reflect any corrections and additions.
2. Technical mistakes: If you make a more significant technical mistake, like a missing signature or filing after the deadline, you could face fines of up to $2,861 per submission.
3. Substantive errors: Deliberate errors, such as document fraud, or knowingly hiring an employee who is not eligible to work in the US, can cost you anywhere between $716 and $28,619, depending on how many times the offense has occurred.

Many of the most common—and most avoidable—errors stem from simple, preventable issues. Forgetting to sign a form, checking the wrong box, or omitting personal details can all quickly stack up on the balance sheet.

But other errors come from downstream problems, like poor documentation storage and hygiene. Failing to protect employee data can leave you open to fraud and identity theft.

Best practices to protect your organization from risk include: 

• Double-check forms for missing or mismatched details
• Retain ID copies for employees’ ID and work eligibility for each new hire
• Store employee documentation securely, with audit trails and access controls
• Run periodic internal audits to catch gaps early

WorkBright’s secure I-9 platform lets you scan and upload work authorization documents to be stored with bank-grade security and an easily traceable audit trail.

Sick of spending hours on Form I-9s? WorkBright has you covered

For employers hiring US-based staff, having your form I-9 processes down is a critical part of making sure you’re hiring fairly, responsibly, and compliantly. Regularly checking for updates, auditing your processes, and refamiliarizing your team is your best defense as I-9 guidance evolves.

But to ensure long-term accuracy and cut the admin load long-term, WorkBright’s I-9 helps teams maintain compliance, streamline I-9 processing, and stay ahead of the curve on updates.

“I used to spend hours a week scanning and managing documents for the onboarding of a new cohort,” says Amanda Sontag, HRBP of admin chat service Ruby. “Now that we use WorkBright, employees fill out the I-9, I review to make sure they put things in there correctly, I hit “Accept” and I’m done. It’s beautiful and I love it.”

WorkBright’s intuitive platform guides employees and HR teams through the entire I-9 process so you can verify new hires quickly, confidently, and without the risk of costly errors. To find out more, book a demo.