Form I-9: A Compliance Overview for Every U.S. Worker

Form I-9 is the form every U.S. employer must complete to verify that each new hire is eligible to work in the country. This overview explains why the form exists, which documents employees can present, what happens when employers get it wrong, and which version of the form to use.

The form gives employers a clear record of each employee’s identity and work authorization. Employers who also use E-Verify go a step further and compare the information against Social Security Administration and Department of Homeland Security records. The broader aim is to make sure only people who are authorized to work in the U.S. are employed.

Why was Form I-9 introduced?

Form I-9 came out of the Immigration Reform and Control Act of 1986, which legalized roughly 3 million undocumented immigrants and was meant to stop unauthorized workers from being employed in the U.S.

Under a later interim rule, the number of documents that could be used to prove an employee’s eligibility to work was cut from 29 to 14. Employers who provide false information on the form face heavy penalties. This includes falsely claiming that an employee is eligible to work based on photocopies instead of original documents.

What does an employee need to complete Form I-9?

The form requires documents that prove a new hire may legally work in the U.S. The new employee must present them within 3 days of starting work to establish identity and work authorization.

Employers must make the Lists of Acceptable Documents (List A, List B and List C) available, clear and readable, to every employee completing the form. The employee chooses which unexpired documents to present: either one document from List A, or one from List B plus one from List C.

The choice belongs to the employee. An employer should not ask for a particular document or for more documents than the form requires, as long as what the employee presents is acceptable and appears genuine.

What are the Lists of Acceptable Documents?

• List A documents prove both identity and work authorization.
• List B documents prove identity only.
• List C documents prove work authorization only.

An employee who presents a List A document should not be asked for documents from List B and List C, and vice versa. If an employee cannot present a document from the lists, an acceptable receipt may be used instead.

What are the risks of not complying with Form I-9?

Proper I-9 records make it easy for an organization to show that its workforce is legally employed during audits and government inspections. Many employers that did not comply have faced serious consequences when inspected.

Inspections usually start with a request to review the employer’s completed forms and supporting records. Missing forms, incomplete sections and late entries all count as deficiencies, so it pays to audit your own forms before the government does.

When an inspection finds deficiencies, employers can face civil fines, criminal charges for a pattern or practice of violations, and court orders, including orders to hire individuals who were discriminated against.

What are the penalties for Form I-9 violations?

Fines depend on the type of violation and are adjusted for inflation. For violations after November 2, 2015, knowingly hiring or continuing to employ unauthorized workers carries a fine of $716 to $5,724 per worker for a first offense, rising to as much as $28,619 per worker for repeat offenses. Paperwork violations cost $288 to $2,861 per form.

Technical violations are not penalized right away. Employers are given 10 business days to correct them before penalties apply. Examples of technical violations include:

• the employee not dating the form when employment begins;
• the employer not completing its section within 3 days of the employee’s start date;
• not dating the rehire section when an employee is rehired;
• not indicating that an employee is under 18.

Which version of Form I-9 should employers use?

USCIS revises Form I-9 from time to time, and employers must use a valid edition. The edition date appears on the form. The current edition is dated 01/20/25. Employers may also use the 08/01/23 edition that expires on 05/31/2027.

Using an outdated edition is itself a paperwork problem, so check the edition date whenever you download or print the form, and update any electronic I-9 system when a new edition is released.

Earlier revisions clarified who can act as an authorized representative for an employer, updated the lists of acceptable documents, and revised the process for requesting paper forms and the DHS privacy notice.

Key takeaways

Form I-9 is available on the USCIS website, and employers can complete it on paper, electronically, or with a combination of both. It is a simple form, but mistakes are common and penalties add up quickly across a workforce. Whatever the method:

• Have new hires present acceptable, unexpired documents from List A, or from List B and List C.
• Complete the employer section within the required time.
• Correct technical errors promptly and keep records ready for inspection.
• Check the USCIS website to make sure you are using a valid edition.