Form I-9 Questions and Answers

Every U.S. employer must complete a Form I-9 for every employee they hire, whether the worker is a citizen or a noncitizen. This applies regardless of company size and regardless of whether the job is full time, part time, or temporary. Independent contractors who receive a 1099 and casual domestic workers are the main exceptions.

The employee must complete Section 1 by the end of their first day of employment. The employer must complete Section 2 within 3 business days of the employee's start date.

Use the 01/20/25 edition, which expires 05/31/2027. The 08/01/23 edition that shows a 05/31/2027 expiration is also still acceptable. The 08/01/23 printing that shows a 07/31/2026 expiration cannot be used for new hires after July 31, 2026, and electronic I-9 systems must be updated to serve the 05/31/2027 version by that same date. The edition date is in the bottom-left corner and the expiration date is in the top-right corner.

A List A document proves both identity and work authorization on its own, such as a U.S. passport or passport card, a Permanent Resident Card, or a foreign passport with an I-551 stamp or I-94. List B documents prove identity only, such as a driver's license or state ID. List C documents prove work authorization only, such as a Social Security card without work restrictions or a U.S. birth certificate. An employee presents either one List A document or one List B document plus one List C document. The employee chooses which documents to present.

The employer must complete Section 2 of the Form I-9 within 3 business days of the employee's start date. In an ICE inspection, that same 3-business-day window appears again. After receiving a Notice of Inspection, the employer has 3 business days to produce its I-9s and supporting records.

Keep each Form I-9 for 3 years after the hire date, or 1 year after employment ends, whichever date is later.

Employers may examine documents in person, or they may use the DHS-authorized alternative remote procedure over live video. The remote option is only available to employers who participate in E-Verify and are in good standing. They must check the alternative-procedure box and retain copies of the documents. E-Verify itself is a voluntary federal web system that checks Form I-9 data against government records. It is required for federal contractors and under a growing list of state mandates.

An ICE audit reviews an employer's I-9 records. It begins with a Notice of Inspection, after which the employer has 3 business days to produce the I-9s and supporting records. Depending on what is found, the employer may receive a Notice of Technical or Procedural Failures with at least 10 business days to correct, a Notice of Discrepancies, a Notice of Suspect Documents, or a Warning Notice. The process can lead to a Notice of Intent to Fine, which the employer has 30 days to contest, and then a Final Order. Many employers run a voluntary internal self-audit and involve immigration counsel when a Notice of Inspection arrives.

Under the January 2, 2025 inflation adjustment, substantive and paperwork violations carry a fine of $288 to $2,861 per form. Knowingly hiring or continuing to employ an unauthorized worker can cost $716 to $5,724 per worker for a first offense, rising to about $28,619 per worker for repeat offenses, and harboring can carry criminal exposure. As of March 16, 2026, ICE moved 10 or more error categories from technical to substantive, which means an immediate fine with no cure window for those errors.

No. Independent contractors who receive a 1099 are an exception and do not need a Form I-9. Casual domestic workers are also exempt. The Form I-9 requirement applies to employees.