# Form I-9: A Guide for Workers, Employers

> Form I-9 verifies identity and work authorization for every U.S. hire. Who completes each section, accepted documents, and the rules employers must follow.

- Source: https://carlosmaury.law/news/form-i-9-employment-eligibility-verification
- Author: Carlos Maury Law
- Published: 2025-01-20
- Topics: Form I-9, employment eligibility verification, List A B C documents, I-9 anti-discrimination, I-9 reverification

Almost everyone who takes a job in the United States — citizen and noncitizen alike — fills out a **Form I-9, Employment Eligibility Verification.** It is one of the most common immigration-related forms in the country, yet it is widely misunderstood by both new hires and the businesses that hire them. This guide explains what the I-9 does, who completes each part and when, and the rules that protect workers along the way.

This is general information, not legal advice, and government forms change. You can **[download the current Form I-9 (PDF)](/resources/form-i-9-employment-eligibility-verification.pdf)** here, and always confirm the latest edition and instructions at **[uscis.gov/i-9-central](https://www.uscis.gov/i-9-central)**.

## What Form I-9 is — and what it is not

Form I-9 is issued by the **Department of Homeland Security (U.S. Citizenship and Immigration Services)** and is used to **verify the identity and employment authorization** of every person hired for work in the United States. The current edition is **Form I-9 (Edition 01/20/25)**, which expires **05/31/2027**.

A crucial point that surprises many people: **the I-9 is not filed with USCIS.** Unlike a green card or naturalization application, you do not mail it to the government. The employer **completes and retains** the form in its own records, where it must be available for inspection by federal authorities (DHS, the Department of Labor, or the Department of Justice). Employers must keep each I-9 for **three years after the date of hire or one year after employment ends, whichever is later.**

## Who completes it, and when

The I-9 has two main parts, completed by two different people:

### Section 1 — the employee

The **employee** fills out and signs **Section 1** no later than their **first day of employment** — but **not before accepting a job offer**. In Section 1 you provide your name, address, date of birth, and attest, under penalty of perjury, to one of four statuses:

- A citizen of the United States,
- A noncitizen national of the United States,
- A lawful permanent resident (you enter your USCIS or "A-" number), or
- A noncitizen authorized to work (you enter the expiration date, if any, and a USCIS A-Number, Form I-94 admission number, or foreign passport number).

If someone helped you fill out or translate Section 1, that person must complete the **Preparer and/or Translator Certification (Supplement A).**

### Section 2 — the employer

The **employer** (or its authorized representative) must complete **Section 2** within **three business days** of the employee's first day of work. The employer examines the employee's documents and records them. Examination is done **in person**, or — for qualified employers — through a **DHS-authorized alternative (remote) procedure** described below.

## The documents you can present (Lists A, B, and C)

The employee chooses which acceptable documents to show. There are three lists:

- **List A** establishes **both identity and work authorization** on its own — for example, a **U.S. Passport**, a **Permanent Resident Card (Form I-551)**, or an **Employment Authorization Document (Form I-766)**.
- **List B** establishes **identity** only — for example, a state **driver's license** or ID card.
- **List C** establishes **work authorization** only — for example, a **Social Security card** (unless it is restricted) or a U.S. **birth certificate**.

You present **either one List A document, or one List B document plus one List C document.** All documents must be unexpired. In some situations a **receipt** for a replacement document is acceptable for a temporary period.

## The anti-discrimination rules — important for workers

The I-9 form itself carries a prominent **anti-discrimination notice**, and these rules matter:

- The employer **cannot tell you which documents to present**, and cannot demand a specific document (like a green card) — **you choose** from the lists of acceptable documents.
- The employer **cannot reject documents** that reasonably appear genuine and relate to you.
- The employer **cannot treat you differently** based on your citizenship, immigration status, or national origin when completing the I-9.

Doing any of these things can be unlawful. If you believe you were treated unfairly during the hiring or verification process, those protections are real and enforceable.

## Remote (alternative) document examination

DHS has authorized an **alternative procedure** that lets certain employers **examine I-9 documents remotely** — by video, fax, or email — instead of in person. This option is available to employers enrolled in and using **E-Verify** in good standing. When it is used, the employer checks a box on the form indicating an alternative procedure was followed.

## Reverification and rehire (Supplement B)

Work authorization sometimes has an expiration date. When it does, the employer must **reverify** the employee's continued authorization on or before the expiration, using **Supplement B, Reverification and Rehire** — never by completing a brand-new Section 1. Supplement B is also used when an employer **rehires** someone within a set period. U.S. citizens and most lawful permanent residents are generally **not** reverified.

## Why this matters

For employees, an accurate I-9 protects your job and avoids problems down the line. For employers, I-9 compliance is serious: errors, missing forms, or knowingly hiring unauthorized workers can lead to **significant civil penalties** and, in some cases, criminal liability. Getting the form right — and respecting the anti-discrimination rules — protects everyone.

## A note on the Spanish-language Form I-9

USCIS publishes a **Spanish version of Form I-9**, but with an important limitation: it may be **completed** (filled in and signed) **only by employers and employees in Puerto Rico.** Everywhere else in the United States, the Spanish form may be used as a **translation aid**, but the **English form must be the one completed and retained.** You can **[download the Spanish Form I-9 (PDF)](/resources/form-i-9-employment-eligibility-verification-es.pdf)** here for reference.

## How we can help

Questions about **work authorization, an employee's immigration status, or an I-9 that does not match a person's documents** sit at the intersection of immigration and employment law — and the stakes are high for workers and businesses alike. As a firm led by a **former U.S. Immigration Judge**, we help individuals understand their work-authorization options and help employers navigate compliance without crossing the anti-discrimination line. If you are unsure how the I-9 applies to your situation, [contact us](/contact).

## Frequently asked questions

### Is Form I-9 filed with the government?

No. The I-9 is **not** submitted to USCIS. The employer completes it and keeps it in its own records, where it must be available for federal inspection, and retains it for three years after hire or one year after employment ends — whichever is later.

### Who has to complete a Form I-9?

Every person hired to work in the United States, and their employer. Both citizens and noncitizens complete the I-9 — it is not only for immigrants.

### When must each section be completed?

The employee completes Section 1 no later than the first day of employment (but not before accepting the job). The employer completes Section 2 within three business days of the first day of work.

### Can my employer tell me which documents to bring?

No. You choose which acceptable documents to present from List A, or List B plus List C. Your employer cannot require a specific document or reject documents that reasonably appear genuine, and cannot treat you differently based on citizenship, status, or national origin.

### Which Form I-9 edition is current?

The current edition is **Form I-9 (Edition 01/20/25)**, expiring 05/31/2027. Always confirm the latest acceptable editions at [uscis.gov/i-9-central](https://www.uscis.gov/i-9-central).

This article is general legal information, not legal advice, and does not create an attorney–client relationship. It does not guarantee any outcome. Forms and requirements change; confirm the current edition and instructions at [uscis.gov/i-9-central](https://www.uscis.gov/i-9-central) and consult a qualified attorney about your specific situation.

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*General legal information from Carlos Maury Law — not legal advice. https://carlosmaury.law/news/form-i-9-employment-eligibility-verification*