I-9 Verification: Process, Documents, and Employer Rules

I-9 verification requires an employee and employer to complete different parts of Form I-9 and document the employee's identity and authorization to work in the United States. The requirement applies to covered citizens and noncitizens hired for employment.

Key Takeaways

• Employees complete Section 1 by their first day of employment, but only after accepting a job offer.
• Employers generally complete Section 2 within three business days after the employee's first day of work.
• An employee may present one List A document or a combination of one List B document and one List C document.
• Employers generally cannot demand a particular document or request additional documents because of citizenship or immigration status.
• An employer may use an authorized representative, but the employer remains responsible for errors.
• Only qualified E-Verify employers may use the DHS-authorized remote alternative procedure.
• Employers retain Form I-9 for three years after the hire date or one year after employment ends, whichever is later.

How the I-9 Verification Process Works

Form I-9, Employment Eligibility Verification, is not limited to immigrants. Employers generally must complete it for every person hired for employment in the United States after November 6, 1986, including U.S. citizens, permanent residents, and workers with temporary employment authorization. The process does not involve filing every completed form with the government. The employer keeps the form and must make it available when legally required.

1. Give the employee the form and instructions. The employee may complete Section 1 after accepting the job offer. The employer cannot use Form I-9 to screen applicants before making an offer.
2. Employee completes Section 1. The employee enters the required personal information and attests to the applicable citizenship or immigration status no later than the first day of employment.
3. Employee chooses documents. The employee presents either one document from List A or one document from List B together with one document from List C.
4. Employer examines and records the documents. The employer or its representative reviews reasonably genuine-looking documents that appear to relate to the employee. Section 2 generally must be completed within three business days after work begins. If the job lasts fewer than three business days, completion is required no later than the first day.

The employer must use the current version of the form and follow its current instructions. A search for a 2021 I9 form or an older 1-9 form may lead to an obsolete edition. For a closer look at individual fields, see these USCIS Form I-9 requirements.

Documents for I-9 Verification: List A vs. List B and List C

The Lists of Acceptable Documents appear with Form I-9. Employees control which acceptable documents they present. An employer should show the complete lists rather than tell an employee to bring a driver's license, passport, green card, or Social Security card.

These examples are not the full list. Some entries require a specific document version or combination, so both parties should check the list attached to the current form. Documents generally must be unexpired when presented, subject to specific rules for automatically extended documents and acceptable receipts.

The acceptable forms of ID for I9 depend on the selected route. A List A document handles both requirements. A List B document establishes identity but must be paired with List C evidence of employment authorization. The employer should accept a qualifying document that appears genuine and relates to the person presenting it.

Common I-9 Document Combinations and Problems

A driver's license and an unrestricted Social Security card form a common List B plus List C combination. A qualifying birth certificate can replace the Social Security card as the List C document. An employee may instead choose a passport or another acceptable List A document without presenting anything from Lists B or C.

A birth certificate and Social Security card do not form a complete combination by themselves. Both are generally List C documents, so neither establishes identity. The employee would still need one acceptable List B document. The birth certificate must satisfy the current form's requirements, such as being an original or certified copy issued by an authorized government entity.

An employee without a Social Security card may use a different option. The person could present an acceptable List A document or pair a List B identity document with another acceptable List C document. Employers should not assume that every employee needs a Social Security card to complete Form I-9.

A Certificate of Naturalization is evidence of citizenship, but it does not appear on the current Form I-9 Lists of Acceptable Documents. An employer should not record it as an I-9 document. A naturalized citizen may choose other qualifying documentation from the current lists.

Employers also must avoid over-documentation. Requesting a green card from a permanent resident, a naturalization certificate from a citizen, or extra evidence from a noncitizen can create discrimination concerns. Document policies should focus on the form's requirements, not assumptions about nationality, accent, appearance, or immigration status.

Who Can Verify I-9 Documents?

The employer may conduct the document review or designate an authorized I-9 representative. The representative can be a manager, another employee, an agent, or another suitable person. Federal rules do not require a particular license, but state law may restrict what a notary or other representative may do.

The authorized representative acts for the employer. That person reviews the documentation, completes the employer portion, and signs the form. The employer remains liable for mistakes, even when a third-party representative performed the review. Employers should therefore provide clear instructions and review completed forms promptly.

For ordinary in-person verification, the employee physically presents the original documents to the employer or its representative. The reviewer examines them in the employee's physical presence. A certified copy of a qualifying birth certificate may be accepted, but ordinary photocopies or images do not replace original documents for this process.

Remote employees can still use an authorized representative for an in-person review near the employee's location. Employers should select representatives carefully, explain the Lists A, B, and C choices, and prohibit them from demanding specific documentation.

A different option is the DHS-authorized alternative procedure for qualified E-Verify employers. A qualified employer must follow the procedure's conditions, including examining copies of the documents, conducting a live video interaction, retaining required copies, and indicating use of the alternative procedure on Form I-9. An ordinary video call by an employer that does not qualify is not a substitute for physical inspection.

If you find missing or inconsistent records, are unsure whether your remote procedure qualifies, or receive an audit notice, you can post your legal need on UpCounsel's marketplace. An attorney can review your procedures and forms, identify lawful corrections, and help you respond to government inquiries without engaging in discriminatory document practices. Responses typically arrive within a day.

Form I-9 Employment Verification vs. E-Verify

Form I-9 and E-Verify serve related but separate functions. Form I-9 records the employee's attestation and the employer's review of acceptable documentation. E-Verify is an internet-based system that compares information from Form I-9 with government records.

Using E-Verify does not replace completing Form I-9. An employer first completes the form and then, when required or authorized, creates an E-Verify case using the form's information. Employers must follow E-Verify rules for timing, notices, tentative nonconfirmations, and employee rights.

E-Verify participation is voluntary for many employers, but it may be required by a federal contract or other applicable law. Employers should confirm the rules that apply to their location, industry, and contracts. Enrollment also carries program obligations, so a business should not treat E-Verify as an informal background-check tool.

The DHS remote alternative procedure is not available merely because an employer uses electronic forms. Eligibility is tied to qualified E-Verify participation and compliance with the alternative procedure. Employers using that procedure must apply it consistently at a hiring site, although they may use it for remote employees while conducting physical examinations for employees who work onsite or in a hybrid setting. Any distinction must not have a discriminatory purpose or effect.

Missing Documents, Receipts, and Reverification

An employee who lacks a preferred document should first review all three lists. The employer cannot insist on a Social Security card if the employee can present another valid List A document or a valid List B and List C combination. Having no driver's license also does not automatically prevent completion because the current lists include other identity documents.

In limited circumstances, an acceptable receipt may temporarily stand in for a document. One common example is a receipt for replacement of a document that was lost, stolen, or damaged. The employee generally must present the replacement document within the period specified by the Form I-9 instructions. A receipt for a first-time application for employment authorization is generally not interchangeable with a replacement-document receipt.

Special receipt rules also apply to certain temporary evidence of permanent resident status and refugee admission documentation. Because these rules depend on the exact document and notation, employers should compare the evidence with the current USCIS instructions instead of creating a general receipt policy.

Reverification is required when an employee's temporary employment authorization expires. Employers use the applicable rehire and reverification portion of the current form and must complete reverification before authorization ends. They should not reverify U.S. citizens, noncitizen nationals, or lawful permanent residents merely because a passport, driver's license, or Permanent Resident Card expires. For other onboarding records, an employment verification letter serves a different purpose and does not replace Form I-9.

Employer Compliance, Retention, and Independent Contractors

Employers must retain each covered employee's Form I-9 for three years after the employee's first day of work or one year after employment ends, whichever date is later. Forms may be stored on paper or in a compliant electronic system and must remain accessible for an authorized government inspection.

Good recordkeeping includes tracking completion dates, temporary work authorization, and required follow-up. Employers should use a consistent correction process. They should not conceal errors, backdate entries, or discard an inaccurate form without preserving an appropriate record of the correction. Electronic systems should maintain reliable controls and audit trails.

Employers also need procedures that prevent discrimination. Staff should provide the full document lists, accept valid employee-selected documentation, protect sensitive information, and use consistent verification methods. A self-audit can identify missing signatures, late completion, incorrect document combinations, and unnecessary reverification. Corrections should follow current government instructions because an attempted correction can create additional problems if it obscures the original entry.

Independent contractors generally do not complete Form I-9 for the business receiving their services. The person or company that employs workers assigned through a staffing agency generally handles the forms for its own employees. However, calling a worker an independent contractor does not determine legal status. Businesses must evaluate the actual working relationship and cannot use contract labels to avoid employment obligations. Contractors may instead be asked for tax documentation, and businesses can review who should complete a W-9 or the specific W-9 rules for an LLC.

Substantive violations, knowingly employing unauthorized workers, discriminatory document demands, and missing records can create legal exposure. Employers facing an inspection should preserve relevant materials, follow the response instructions, and avoid hurried alterations to existing forms.

Frequently Asked Questions

Can You Use a Certificate of Naturalization for I-9?

No, a Certificate of Naturalization is not listed as an acceptable document on the current Form I-9 document lists. A naturalized citizen can instead choose any qualifying List A document or a valid combination of one List B and one List C document. The employer should not demand citizenship papers or decide which alternative the employee must use.

Can You Provide Legal Documentation Establishing Your Identity and Eligibility to Work in the United States?

Yes, you satisfy that request for Form I-9 by presenting documentation allowed by the current Lists of Acceptable Documents. You may establish both requirements with List A or use List B for identity and List C for employment authorization. The documents must reasonably appear genuine, relate to you, and meet applicable expiration or receipt rules.

What Is an I-9 Form?

Form I-9 is the federal Employment Eligibility Verification form used for covered employees hired to work in the United States. It records the employee's status attestation and the employer's examination of selected documents. It is different from a tax withholding form, employment verification letter, immigration application, or government-issued work permit.

Can You Get a Job With No ID?

You may receive a job offer without possessing a driver's license or another commonly requested ID, but you must timely present an acceptable I-9 document or document combination to continue in covered employment. The document list includes several identity options. If none is available, ask whether an official replacement receipt qualifies rather than offering an ordinary photocopy.

Can You Get a Job Without Your Social Security Card?

Yes, a Social Security card is not mandatory when you have another acceptable I-9 option. For example, a qualifying List A document can establish both identity and employment authorization. A Social Security number may still be relevant to payroll or E-Verify procedures, but that issue is distinct from requiring the physical card as an I-9 document.

Do 1099 Contractors Need to Complete an I-9?

No, a genuine independent contractor generally does not complete Form I-9 for the client receiving the contractor's services. The answer can change if the worker has been misclassified and is legally an employee. A business also cannot knowingly use a contract or staffing arrangement to obtain the labor of workers who lack employment authorization.