Form I-9

Form I-9 is the employment eligibility verification form every US employer must complete for every new hire — citizen or not. Created by the Immigration Reform and Control Act of 1986 (IRCA), it documents that the employer checked the employee's identity and authorization to work in the United States. It is universal: one new hire, one Form I-9, no exceptions.

How the process works

• Section 1: the employee completes their part no later than the first day of work.
• Section 2: the employer examines original documents from the form's lists — proving identity and work authorization — within three business days of the start date.
• Employee's choice of documents: the employer may not demand specific documents; any valid combination from the lists must be accepted.
• Retention: keep the form for three years after hire or one year after employment ends, whichever is later, stored so it can be produced for inspection.
• Reverification: required when temporary work authorization expires.

E-Verify and penalties

E-Verify, the federal electronic check, is voluntary for most private employers but mandatory for federal contractors and in several states. Paperwork violations carry per-form civil fines even when every worker is authorized, and knowingly employing unauthorized workers brings far heavier penalties — so most businesses make the I-9 a fixed step in onboarding, done before the first shift is scheduled.

Immigration Reform and Control Act of 1986, 8 U.S.C. § 1324a — administered by USCIS (form) and enforced by ICE; E-Verify mandatory in some states and for federal contractors.

Related terms

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• W-2 vs 1099
• Payroll taxes