Form I-9, officially titled the Employment Eligibility Verification Form, is a U.S. federal form used to verify that an individual is authorized to work in the United States. It is required by the U.S. Citizenship and Immigration Services (USCIS) and enforced by the Department of Homeland Security (DHS).

Who Must Complete Form I-9?

All U.S. employers must complete Form I-9 for each new hire, including:

• U.S. citizens
• Lawful permanent residents
• Noncitizen nationals
• Foreign nationals authorized to work in the U.S.

How to Complete Form I-9

Section 1: Employee

Must be completed on or before the first day of work. The employee must provide:

• Full legal name
• Date of birth
• Address
• Social Security Number (if applicable)
• Citizenship or immigration status
• Signature

Section 2: Employer

Must be completed within 3 business days of the employee’s start date. The employer must:

• Review original, acceptable documents proving identity and work authorization
• Record document information on the form
• Sign and date the verification section

Supplement B (formerly Section 3)

Used by the employer for:

• Rehires within 3 years of the original I-9
• Reverification of expiring work authorization

Acceptable Documents

Employees must provide:

• One document from List A (identity + work authorization),
  OR
• One document from List B (identity) + one from List C (authorization)

Examples:

• List A: U.S. passport, Green Card, EAD card
• List B: Driver’s license, state ID
• List C: Social Security card, birth certificate

When Must Form I-9 Be Completed?

Task	Deadline
Section 1 (Employee)	On or before the first workday
Section 2 (Employer)	Within 3 business days of start date
Retention (by employer)	3 years after hire OR 1 year after termination (whichever is later)

Who Can Inspect Form I-9?

Form I-9 must be available for inspection by:

• DHS (Department of Homeland Security)
• DOJ (Department of Justice)
• DOL (Department of Labor)

What Happens If I-9 Is Not Completed Properly?

Non-compliance penalties include:

• Civil fines: $252 to $2,507 (first offense); higher for repeat offenses
• Criminal penalties for knowingly hiring unauthorized workers
• Debarment from government contracts
• Mandatory participation in compliance programs

Best Practices for I-9 Compliance

• Train HR staff thoroughly
• Use an electronic I-9 system for accuracy and storage
• Conduct internal audits regularly
• Correct errors using Supplement B or by completing a new form
• Stay updated with changes via USCIS website or HR legal resources

Recent Updates to Form I-9 (As of August 2023)

• New version released: Must use the new form (dated 08/01/2023) starting November 1, 2023
• Remote verification allowed: If enrolled in E-Verify, employers can now examine documents remotely
• Updated fines: Higher penalties for incomplete or inaccurate forms
• Revised inspection process: Updated flowcharts and notification processes for audits and discrepancies

Common Mistakes to Avoid

• Missing deadlines
• Accepting expired or invalid documents
• Using the wrong version of the form
• Failing to reverify work authorization for non-U.S. citizens
• Discriminating based on immigration status or nationality (violates anti-discrimination laws)

Key Takeaways

• Every employer must complete and retain a Form I-9 for each employee.
• Both the employee and employer are responsible for accurate and timely completion.
• Failure to comply can result in fines, audits, and legal consequences.
• Staying up to date with USCIS guidance is essential for compliance.