I-9 form

This article is general information, not legal advice. Employment verification rules change, and mistakes on an I-9 can carry penalties, so check the current instructions from US Citizenship and Immigration Services or a qualified professional. The I-9 applies to hiring in the United States. Canada uses a different process, noted near the end.

What the I-9 form is

Form I-9, Employment Eligibility Verification, is a US federal form that confirms a new employee's identity and their authorization to work in the country. It is required by federal law for anyone hired to work in the United States, whether they are a citizen or not. The employer uses it to check that the person can legally be employed, and to record the documents the employee provided as proof.

The I-9 is not sent to the government when you complete it. Instead, the employer keeps it on file and must be able to produce it if a government agency asks to inspect it. That makes accurate, complete records important, because the form can be reviewed later.

Who needs to complete an I-9?

Every employee hired to work in the United States must complete an I-9, and every employer must ensure it is done. This includes citizens and noncitizens alike. A few points clarify who is and is not covered:

• All new employees complete Section 1 no later than their first day of work.
• Employers complete their section within a few business days of the employee's start.
• Independent contractors are generally not employees, so a business usually does not complete an I-9 for a true contractor. Contractors are handled with a W-9 instead.
• Existing employees hired before the requirement began, or continuing in the same job, generally do not need a new I-9 unless there is a specific reason.

If you are hiring a contractor rather than an employee, see our guides on the W-9 form and the independent contractor agreement instead.

The parts of the I-9 form

The I-9 is divided into sections, and each side fills out its own part.

• Section 1, Employee Information and Attestation. The employee fills this out, providing their name, address, date of birth, and their status, such as citizen or authorized noncitizen. The employee signs to attest the information is true.
• Section 2, Employer Review and Verification. The employer examines the employee's documents, records their details, and signs to confirm the documents appear genuine and relate to the employee.
• Supplement for reverification and rehires. Used later if work authorization needs to be updated or an employee is rehired within a certain period.

Always use the current version of the form, since the layout and section names are updated from time to time.

Acceptable documents for the I-9

To prove identity and work authorization, the employee presents documents from the official Lists of Acceptable Documents on the form. There are three lists:

• List A documents prove both identity and work authorization on their own, such as a US passport or a permanent resident card. One List A document is enough.
• List B documents prove identity only, such as a driver license or a state ID card.
• List C documents prove work authorization only, such as a Social Security card or a birth certificate.

The employee provides either one document from List A, or a combination of one document from List B and one from List C. The employer cannot tell the employee which documents to present. The choice belongs to the employee, as long as the documents are on the lists and appear genuine.

How the employee completes Section 1

1. Open the form in the fill tool. Load the current I-9 into the fill a PDF tool so you can type into the fields cleanly.
2. Enter your personal details. Fill in your legal name, other names used, address, date of birth, and contact details.
3. State your status. Indicate whether you are a citizen, a noncitizen national, a lawful permanent resident, or a noncitizen authorized to work, and provide any required numbers.
4. Sign and date. Sign to confirm the information is true, no later than your first day of work. You can add a signature with the sign a PDF tool.
5. Give it to your employer with your documents. Bring your chosen documents so the employer can complete their section.

How the employer completes Section 2

After the employee finishes Section 1, the employer completes Section 2 within a few business days of the start date. The employer physically examines the documents the employee presents, confirms they appear genuine and relate to the person, and records the document titles, issuing authorities, numbers, and expiration dates. The employer then signs and dates the attestation. The employer should not ask for more or different documents than the lists require, and should not reject valid documents, since doing so can create legal problems. The completed form is stored, not mailed in.

I-9 deadlines and retention

Timing matters on the I-9. The employee must complete Section 1 no later than their first day of employment, and the employer must complete Section 2 within a few business days of that start date. After the form is complete, the employer must keep it for a set retention period, which is based on the later of a certain time after the hire date or after employment ends. Because the form can be inspected by government agencies, employers should store I-9s securely and separately from other personnel files, and be able to produce them on request. Confirm the current deadlines and retention rules with US Citizenship and Immigration Services.

Common I-9 mistakes to avoid

• Missing the deadline. Completing Section 1 late, or Section 2 after the allowed window, is a frequent error.
• Blank fields. Leaving required boxes empty makes the form incomplete. Every required field should be filled.
• Telling the employee which documents to bring. The employee chooses from the lists. Directing the choice can be discrimination.
• Accepting expired documents where a current one is required.
• Not keeping the form for the full retention period, or storing it where it cannot be produced for inspection.

E-Verify vs the I-9

People sometimes confuse the I-9 with E-Verify, but they are different. The I-9 is the paper or electronic form every employer must complete for each new hire. E-Verify is a separate online system that compares the information from the I-9 against government records to confirm work authorization. Completing the I-9 is required for all employers, while using E-Verify is required only for some, depending on the state and the type of work. Using E-Verify does not remove the obligation to complete and keep the I-9.

What about hiring in Canada?

The I-9 is a US form and has no direct Canadian equivalent. In Canada, employers confirm that a worker is legally allowed to work, which for many workers means being a citizen or permanent resident, or holding a valid work permit. Employers collect a Social Insurance Number for payroll and tax purposes, and a SIN that begins with a 9 signals a temporary worker whose permit conditions should be checked. If you hire across both countries, the verification steps differ, so follow the rules for the country where the work happens.

Fill out the I-9 cleanly and keep it organized

An I-9 that is typed and complete is easier to review and less likely to contain errors than one filled in by hand. Open our fill a PDF tool, add the current I-9, type into every required field, and download a clean copy. Because the document is processed in your browser, the personal details on the form stay on your own device rather than being uploaded to a server, which matters for a form that contains sensitive identity information. Browse the templates library for the other onboarding forms new hires complete, and add signatures with the sign a PDF tool.