Key Takeaways

  • I-9 verification is mandatory for all U.S. employers to confirm an employee’s identity and eligibility to work.
  • Employees must complete Section 1 of Form I-9 on or before their first day, and employers must verify documentation within three business days.
  • Acceptable documents fall into three categories—List A (identity and work eligibility), List B (identity only), and List C (work authorization only).
  • Remote I-9 verification options, including the DHS-authorized alternative procedure, allow electronic document inspection.
  • Employers must retain I-9 forms for at least three years after the hire date or one year after employment ends, whichever is later.
  • Noncompliance can result in significant civil penalties, so employers should regularly audit and update verification processes.

I-9 Verification

I-9 verification is a process by which immigrants are deemed eligible to work in the U.S. A prospective employee for any business must provide proof of their identity and eligibility for employment documents within three days of beginning to work. Employers are required to verify this employment eligibility for every employee hired.

If they do not have a Form I-9, they must have a receipt for the application of the I-9 within those same three days. After that, they have 90 days to produce the validated forms. First required by the Immigration Reform and Control Act, or IRCA, of 1986, the I-9 Form verifies the eligibility of an employee to work legally in the U.S.

Understanding the I-9 Verification Process

The I-9 verification process begins before or on an employee’s first day of work. The employee must complete Section 1 of Form I-9, providing personal information such as name, address, and work authorization status. The employer must complete Section 2 within three business days after the employee starts work, reviewing original documents that prove both identity and employment authorization.

Employers can perform in-person verification or, under a Department of Homeland Security (DHS) pilot program, may be eligible for remote I-9 verification. Remote verification allows authorized employers to inspect documents electronically through live video interaction while retaining copies for audit purposes.

Employers must sign the form under penalty of perjury, attesting that the documents appear genuine and relate to the individual presenting them.

Qualifying Documents

Following are lists of documents that qualify a person to work in the U.S.:

  • A U.S. Passport – this can be expired or up-to-date
  • A Permanent Resident Card, which is an Alien Registration Receipt Card, or
  • An unexpired foreign passport with a temporary I-551 stamp
  •  An unexpired Form I-766, I-688, I-688A, or I-688B) – an Employment Authorization Document, which includes a picture, or
  • A current foreign passport, accompanied by a current Arrival-Departure Record, or Form I94. It must have the same name on it as the passport does, and contain an endorsement of the foreigner’s non-immigrant status, authorizing that person to work for their prospective employer

Documents that Establish Identity

  • A driver’s license or ID card issued by a state or U.S. territory, complete with a picture, description, and address of the intended employee
  • A federal, state or local government identification card complete with a picture, description, and address of the intended employee
  • A school identification card with a photograph
  • A voter’s registration card
  • A U.S. military card or draft record
  • A military dependent’s ID card
  • A U.S. Coast Guard Merchant Mariner Card
  • A Native American tribal document, or
  • A driver’s license issued by a Canadian government authority

Lists of Acceptable I-9 Documents

Form I-9 documentation falls into three lists established by U.S. Citizenship and Immigration Services (USCIS):

  • List A: Establishes both identity and employment eligibility (e.g., U.S. Passport, Permanent Resident Card, Employment Authorization Document).
  • List B: Establishes identity only (e.g., driver’s license, school ID with photo).
  • List C: Establishes work eligibility only (e.g., Social Security card, U.S. birth certificate).

Employees may present one document from List A or one each from List B and List C. Employers cannot dictate which documents an employee must present and must accept any valid, unexpired documents from these lists.

Documents that Establish Employment Eligibility

  • A card from the Social Security Administration
  • A Certification of Birth Abroad, issued by the Department of State, using Form FS-545 or Form DS-1350
  • An original or certified copy of a U.S. birth certificate bearing an official seal
  • A Native American tribal document
  • U.S. Citizen ID Card, issued after approval of Form I-197
  • ID Card for use of Resident Citizen in the U.S., or Form I-179, or
  • An unexpired employment authorization document issued by the Department of Homeland Security.

Remote Verification and Electronic I-9 Systems

The rise of remote work has led to broader use of electronic I-9 verification systems. The DHS now permits certain employers enrolled in E-Verify to verify documents electronically through a secure video process. Employers must retain clear copies of all documents inspected remotely and ensure compliance with federal privacy and data retention standards.

Electronic systems also streamline compliance by automating reminders for re-verification and securely storing completed forms. Employers using electronic systems should ensure that their vendors meet USCIS technical standards and retain audit trails for at least three years.

Employment Eligibility Verification

The U.S. Citizenship and Immigration Services, or U.S.C.I.S., recently published a revised version of the Form M-274 handbook, also known as Form I-9, Employment Eligibility Verification, which became effective January 22, 2017. The new version of the Form I-9 resembles the prior form, but the revised handbook goes over in detail the instructions related to properly filling out the new I-9. Filing a Form I-9 completely and accurately is crucial in having a request for employment eligibility granted.

The revised Form M-274 is a hefty handbook, running roughly 69 pages cover to cover. The M-274 is not only the official document used to help with compliance regarding the new Form I-9, it is also often used by the Immigration and Customs Enforcement, or ICE, auditors who review completed I-9s for compliance.

Employer Responsibilities and Retention Requirements

Employers must retain completed Form I-9s for at least three years after the date of hire or one year after the employee’s termination, whichever is later. Forms may be stored on paper, microfilm, or electronically, provided they are readily accessible in the event of a government audit.

During an audit by Immigration and Customs Enforcement (ICE), employers must produce the requested I-9 forms within three business days. Failure to do so can result in fines for each missing or incorrectly completed form.

Employers should conduct internal I-9 audits annually to ensure compliance and correct any errors following USCIS guidelines.

Changes to the Employment Eligibility Handbook

The most significant change to the M-274 is a change in the process for documenting automatic extensions of Employment Authorization Documents, or EADs, to help foreign national employees who are employed in the United States.

Automatic EAD extensions are a new concept, which drew on a Department of Homeland Security rule. The rule offers extra benefits to highly skilled non-immigrant workers in the United States.

Under the new rule, EADs can be automatically extended for as much as 180 days. This is true only for those individuals who file a timely renewal of EADs that are in the same category as their previous EADs.

The new handbook enumerates the different categories into which currently eligible foreign nationals fall in order to qualify for an automatic extension. It also sets forth the process that is used to review the necessary documents and including that information on the I-9.

Some employers who are familiar with Temporary Protected Status, or TPS, will already be familiar with the procedure. It basically involves updating Section 1 and Section 2 to update the automatic extension start and expiration dates.

Recent Updates to I-9 Verification Rules

The latest DHS updates to the Form I-9 include:

  • A streamlined version of the form, reducing sections and simplifying instructions.
  • Expanded remote document verification for qualified employers participating in E-Verify.
  • Clarified rules for automatic extensions of Employment Authorization Documents (EADs) for specific visa categories.
  • Simplified instructions for corrections and re-verification procedures.

Employers should use only the most current version of Form I-9 available on the USCIS website and discard outdated versions.

U.S.C.I.S. VS. I.C.E.

In particular, the M-274 states that “Employers must retain a Form I-9 for each person hired. This requirement applies from the date of hire, even if the employment ends shortly after hired, the hired employee never completes work for pay or never finishes the Form I-9.”

The U.S.C.I.S. seem to be saying that employers need to keep their employees’ I-9 forms, whether or not they start to work or ever receive a paycheck.

However, the United States Immigration and Customs Enforcement agency, also known as the I.C.E., states that an employer is not required to keep a Form I-9 on file for an individual who doesn’t ever begin to work for pay, and therefore wouldn’t be forced to produce that I-9 if there were to be an inspection.

Consequences of Noncompliance

Employers who fail to properly complete or maintain I-9 forms may face:

  • Civil penalties ranging from hundreds to thousands of dollars per form.
  • Criminal charges for knowingly hiring or continuing to employ unauthorized workers.
  • Loss of federal contracts for repeated or egregious violations.

ICE audits may include Notice of Inspection (NOI) letters, which require employers to present I-9s and supporting documentation. Employers should respond promptly and consider seeking legal assistance to avoid escalating penalties.

New Hires

All newly-hired regular and temporary employees working for a university in the United States must complete the I-9 employment verification form if they are.

All schools or university are explicitly prohibited from employing those who have not successfully completed Form I-9 within the prescribed time limits.

Schools and universities also are prohibited from hiring independent contractors, staffing agencies, or recruitment firms that knowingly use undocumented workers.

Form I-9

I-9 Central

Employers are familiar with the term ”I-9 Central,” which is the nickname the U.S.C.I.S. uses to describe the online library of resources and tips available to help properly complete the new Form I-9.

When a foreigner is a refugee, there is additional paperwork, Form I-94, the Arrival-Departure Record Card, which states that an unexpired refugee admission stamp, or an electronic Form I-94 printout, with an admission class of “RE,” is acceptable documentation to establish identity and employment authorization, for 90 days.

The new M-274 handbook now includes an entire section about the procedure to correct mistakes made on the I-9, no matter in which section they take place. It is also necessary to note that there are quite a few factors to keep an eye on conducting a self-audit.

Replacement Receipts

Government receipts for a replacement document, for instance, a passport or Social Security card that was damaged, lost, or destroyed, must be produced within three days after being employed. An employee then has 90 days to show the additional document. The employee can keep working throughout those 90 days.

Application Receipts

Application receipts for work authorization be used as evidence of work authorization, with the subsequent exceptions:

  • Non-immigrants who are sanctioned to work with a specific employer can continue working for their employer for up to 240 days after the expiration of their employment eligibility authorization when presenting a receipt showing that an extension application was filed.
  • A transitory I-551 stamp on a Form I-94 is used as a receipt for an alien registration card application. An employee can do the job until the expiration date on the stamp or for up to 12 months after the issuance date if there isn’t an expiration date.
  • A refugee admission stamp on a Form I-94 is used as a receipt for an employment authorization document, employment authorization card, or a Social Security card. They might work up to 90 days while an application for one of the authorization forms is granted and processed.

Employees Subject to Re-Verification

Employees whose employment authorization lists an expiration date on their I-9 Form must be re-verified before the expiration date arrives

The re-verification procedure is outlined in the new Form 274 handbook, with regard to document review. The person who is responsible for Form I-9 employment verification also is responsible for the re-verification process.

New Employee Orientation

At a new employee orientation, new hires will be asked if they have completed the I-9 Form. If not, the facilitators of the orientation will provide the employee with Form I-9, along with instructions on how to complete the I-9 verification process.

If an I-9 Form was not completed nor submitted by the expiration of the current work authorization, the employee must stop working and be removed from payroll until an I-9 form is completed and granted. The I-9 Form cannot be backdated to the date the employee originally began working.

I-9 Re-Verification and Rehires

If an employee’s work authorization or visa has an expiration date, employers must re-verify Section 3 of Form I-9 before the document expires. The employee must provide updated work authorization documents that remain unexpired and valid.

If a former employee is rehired within three years of the date the original Form I-9 was completed, employers can either update Section 3 or complete a new form, depending on whether prior documentation remains valid.

Employers should track expiration dates proactively to ensure continuous compliance.

Frequently Asked Questions

  1. What is I-9 verification used for?
    I-9 verification ensures that every person hired in the U.S. is legally authorized to work and helps employers comply with federal immigration laws.
  2. Can employers accept photocopies of documents?
    No. Only original, unexpired documents may be accepted during I-9 verification, except for certified copies of birth certificates.
  3. How long must employers retain completed I-9 forms?
    Employers must retain forms for three years after hire or one year after termination, whichever is later.
  4. What is E-Verify, and is it required?
    E-Verify is a DHS online system that confirms employment eligibility by cross-checking information from the I-9 form. It’s voluntary for most employers but required for federal contractors and some states.
  5. Can I complete the I-9 remotely?
    Yes, under DHS’s authorized alternative procedure, qualified employers can verify I-9 documents via live video if they participate in E-Verify and meet recordkeeping requirements.

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