June 26, 2025
Federal law requires all employers to verify the identity and employment authorization of each person hired to work in the United States using Form I-9.
The Form I-9 requirement is part of the Immigration Reform and Control Act of 1986.
Employers must complete Form I-9 for every new employee, including U.S. citizens, no later than the third business day after the employee begins work for pay.
Form I-9 is used to verify an individual’s identity and their legal authorization to work in the U.S.
The form must be completed in two parts:
Section 1: Completed by the employee no later than the first day of employment
Section 2: Completed by the employer after reviewing original documents from the employee that establish both identity and work authorization
Acceptable documents are listed in three categories:
List A: Documents that establish both identity and work authorization (e.g., U.S. passport) or
List B and List C: One document from each list — List B (identity) and List C (work authorization)
Employers may not specify which documents an employee must present, as long as the documents are on the acceptable list and appear to be genuine.
Employers must retain Form I-9s for either:
Three years after the date of hire, or
One year after the date of termination, whichever is later
Employers are required to make Forms I-9 available for inspection by authorized government officers upon request.
Employers may choose to use:
E-Verify, a voluntary online system that confirms employment eligibility through federal databases, but Form I-9 is still required even when E-Verify is used.