How to Fill Out an I-9 Form: Documents, Corrections, and Retention

To fill out an I-9 form, the employee completes Section 1 no later than their first day of paid work, and the employer examines the employee’s chosen identity and work-authorization documents and completes Section 2 within three business days of that start date. The current edition of Form I-9, Employment Eligibility Verification, is dated 01/20/2025 and expires 05/31/2027, and it can be downloaded from the USCIS website at no cost.¹ Every U.S. employer must complete one for each person hired for paid work after November 6, 1986, including U.S. citizens.²

Independent contractors, casual domestic workers (sporadic help around a private home), employees hired on or before November 6, 1986 who have worked continuously since, and workers performing all their work outside the United States are not covered.³ Everyone else on your payroll needs a Form I-9.

Section 1: What the Employee Fills In

Section 1 is the employee’s part of the form. It must be completed no later than the first day of work for pay. The employee can fill it out earlier, once a job offer has been accepted, but never before an offer exists.⁴

The employee enters:

Full legal name — last name, first name, middle initial
Any other last names used, such as a maiden name
Current address
Date of birth
Social Security number, which is optional in most cases but required if the employer uses E-Verify⁵

The employee then checks one of four citizenship or immigration status boxes:⁴

A citizen of the United States
A noncitizen national of the United States, generally someone born in American Samoa or certain Pacific island territories
A lawful permanent resident
A noncitizen authorized to work

After completing these fields, the employee signs and dates the form. The signature is made under penalty of perjury.

If someone helped the employee complete Section 1, such as a translator or a preparer, that person fills out a separate certification block on Supplement A with their name, address, and signature.⁶

One note on language. Employers in the fifty states must use the English-language version of Form I-9 as the form on file. Only employers in Puerto Rico may use the Spanish-language version as the official form; other employers may use it as a reference tool only.⁴

Section 2: What the Employer Fills In

The employer, or an authorized representative acting for the employer, completes Section 2 within three business days of the employee’s first day of paid work. If an employee starts on Monday, Section 2 has to be done by Thursday. If the job will last fewer than three business days, Section 2 must be completed on the first day.⁷

The employer physically examines the original documents the employee has chosen to present and decides whether they reasonably appear genuine and relate to that person. For each document, record in the corresponding fields:⁸

Document title
Issuing authority
Document number, if any
Expiration date, if any

Then enter the employee’s first day of work for pay, sign, and date the certification block. Fill in the printed name and title of the person signing, and the business name and address. A missing employer signature makes the form incomplete, and incomplete forms can trigger penalties.

You can designate anyone as your authorized representative to examine documents and sign Section 2 on your behalf, including a personnel officer or a notary public. You remain liable for any errors that representative makes.⁹

Which Documents the Employee Can Present

Form I-9 uses three lists. A single List A document proves both identity and work authorization. A List B document proves identity only and must be paired with a List C document, which proves work authorization only.¹⁰

The employee chooses which documents to present. An employer cannot direct the employee to produce any particular one, and cannot ask for more or different documents than the form calls for. Doing so can result in discrimination penalties enforced by the Department of Justice’s Immigrant and Employee Rights Section.¹¹

Common List A documents include a U.S. passport or passport card, a Permanent Resident Card (Form I-551), and an Employment Authorization Document with a photograph (Form I-766). Common List B documents include a state driver’s license or ID card, a school ID with a photograph, a voter registration card, and a U.S. military card. Common List C documents include an unrestricted U.S. Social Security card, an original or certified copy of a U.S. birth certificate with an official seal, and a Certification of Birth Abroad from the State Department. Social Security cards marked “NOT VALID FOR EMPLOYMENT” or “VALID FOR WORK ONLY WITH DHS AUTHORIZATION” are not acceptable.¹⁰

All documents must be originals and unexpired. Certified copies of birth certificates are the only copy accepted.¹² If a document was lost, stolen, or damaged, the employee may present a receipt showing they applied for a replacement. That receipt is valid for 90 days from the hire date, after which the employee must present the actual replacement.¹³

Examining Documents Remotely

Employers who participate in E-Verify in good standing may examine documents over a live video call instead of in person. The alternative procedure is optional, but if you use it at a hiring site you have to offer it consistently to everyone hired at that site, so that no one is treated differently based on citizenship, immigration status, or national origin.¹⁴

The process:

The employee sends copies of the front and back of their chosen documents.
You review the copies and decide whether they reasonably appear genuine.
You hold a live video session in which the employee holds up the same physical documents for you to see.
You keep clear, legible copies of the documents for the full retention period.

Check the designated box in the Additional Information field of Section 2 to show you used the alternative procedure. Retained copies must be produced if the government audits your records.

Supplement B: Reverification and Rehires

Supplement B, formerly called Section 3, handles two situations: an employee’s work authorization is about to expire, or you are rehiring someone.¹⁵

For reverification, you must act before or on the expiration date. The employee presents any acceptable List A or List C document showing continued authorization. Record the document title, number, and expiration date on a new block of Supplement B, then sign and date it. Do not reverify U.S. citizens, noncitizen nationals, or lawful permanent residents. Reverification applies only to employees whose work authorization itself has an expiration date.

For a rehire within three years of the date the original Form I-9 was completed, you can either fill out Supplement B on the existing form or complete a brand-new Form I-9. If the employee’s work authorization expired after they last worked for you, reverify as part of the rehire.

Fixing Mistakes on the Form

Only the person who filled out a section can correct it. The employee corrects Section 1; the employer corrects Section 2 and Supplement B.¹⁶

To correct any error:

Draw a line through the incorrect entry. Do not erase or use correction fluid.
Write the correct information nearby.
Initial and date the correction.

If a section is riddled with errors, you can redo it on a new Form I-9 and attach it to the original with a written explanation.¹⁷ Never backdate. If you find during a self-audit that you forgot to date Section 2, enter today’s date and initial it, not the date you should have signed.

If a current employee has no Form I-9 on file at all, have them complete a new one right away. A few days to gather documents is reasonable.

How Long to Keep the Form

Keep every completed Form I-9 for three years after the hire date or one year after employment ends, whichever is later.¹⁸ A shortcut: if the employee stayed less than two years, keep the form for three years from the hire date; if longer, one year past their last day.

You can store forms on paper, electronically, or on microfilm or microfiche. An electronic system must index and retrieve forms quickly enough to satisfy a government inspection request, and electronic-signature systems have to meet specific technical standards, including verifying the signer’s identity and attaching the signature to the form at the moment it is signed.¹⁹ If you used remote examination, keep clear copies of the documents you reviewed for the same period.

What Happens if You Get It Wrong

Penalties fall into two buckets, and the dollar amounts were adjusted for inflation effective January 2, 2025.

Paperwork violations, which cover missing fields, late completion, and storage failures, run from $288 to $2,861 per form. Technical or procedural errors typically come with 10 business days to fix; if left uncorrected, they carry the same fine range as substantive violations.²⁰

Knowingly hiring or continuing to employ an unauthorized worker is far more expensive:²¹

First offense: $716 to $5,724 per unauthorized worker
Second offense: $5,724 to $14,308 per unauthorized worker
Third or later offense: $8,586 to $28,619 per unauthorized worker

A pattern or practice of knowingly hiring unauthorized workers can also bring criminal fines of up to $3,000 per worker and up to six months in prison. A demonstrated good-faith effort to comply with the Form I-9 requirements can serve as a defense against a knowingly-hiring charge, unless the government proves you actually knew the employee was not authorized.

The I-9 process is also subject to anti-discrimination rules. Do not demand specific documents, do not reject documents that reasonably appear genuine, and do not treat employees differently based on citizenship, immigration status, or national origin.⁸

1
U.S. Citizenship and Immigration Services. I-9, Employment Eligibility Verification
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U.S. Citizenship and Immigration Services. 1.0 Why Employers Must Verify Employment Authorization and Identity of New Employees
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U.S. Citizenship and Immigration Services. Exceptions
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U.S. Citizenship and Immigration Services. Instructions for Form I-9, Employment Eligibility Verification
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U.S. Citizenship and Immigration Services. 3.0 Completing Section 1 – Employee Information and Attestation
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U.S. Citizenship and Immigration Services. Completing Section 1, Employee Information and Attestation
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U.S. Citizenship and Immigration Services. Completing Section 2, Employer Review and Attestation
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U.S. Citizenship and Immigration Services. 4.0 Completing Section 2 – Employer Review and Verification
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U.S. Citizenship and Immigration Services. 2.0 Who Must Complete Form I-9
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U.S. Citizenship and Immigration Services. Form I-9 Acceptable Documents
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Justice.gov. How to Avoid Discrimination in the Form I-9 and E-Verify Processes
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U.S. Citizenship and Immigration Services. 13.0 Acceptable Documents for Verifying Employment Authorization and Identity
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U.S. Citizenship and Immigration Services. Receipts
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U.S. Citizenship and Immigration Services. Remote Examination of Documents (Optional Alternative Procedure to Physical Document Examination)
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U.S. Citizenship and Immigration Services. Completing Supplement B, Reverification and Rehires (formerly Section 3)
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U.S. Citizenship and Immigration Services. Self-Audits and Correcting Mistakes
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U.S. Citizenship and Immigration Services. Correcting Errors or Missing Information on Form I-9
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U.S. Citizenship and Immigration Services. 10.0 Retaining Form I-9
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U.S. Citizenship and Immigration Services. 10.1 Form I-9 and Storage Systems
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U.S. Citizenship and Immigration Services. Penalties for Prohibited Practices
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U.S. Citizenship and Immigration Services. 8 USC 1324a – Unlawful Employment of Aliens