Immigrants & Immigration

Employers must verify the identity and employment authorization of individuals they hire for employment in the United States. As part of this obligation, employers must complete and maintain a Form I-9, Employment Eligibility Verification for each employee.

Both employers and employees must complete this form within the first few days of employment. Employers must keep the completed I-9 for three years after the date of hire, or one year after the date employment ends, whichever is later.

US Citizenship and Immigration Services provides employers with resources on I-9 obligations through their I-9 Central and I-9 Handbook for Employers (M-274).

Employee information and documentation

Employees must fill out Section 1 of the Form I-9 on or before their first day of work. Section 1 of the form asks basic details including name, address, date of birth, Social Security number A number that the federal government gives to each U.S. citizen. It keeps track of their earnings and retirement benefits. , and contact information. The employee must also disclose their citizenship or immigration status as either:

• A citizen of the United States;
• A noncitizen national of the United States;
• A lawful permanent resident (green card holder); or
• A noncitizen authorized to work (including temporary work visas). 

In addition to filling out and signing Section 1 of the Form I-9, the employee must also show documents to the employer that prove identity and employment authorization. These documents must be shown to the employer within three business days from the first day of employment. Employers must let all employees pick which acceptable documentation to present and cannot specify which documents have to be used. Employers must accept documentation that appears to be genuine and to relate to the employee.

Acceptable documents to verify identity and work authorization are defined by USCIS: Form I-9 Acceptable Documents | USCIS

Employer obligations

Employers must complete Section 2 of the Form I-9 within three business days after the first day of employment. They must then keep the completed form in either a paper or electronic system. Employers are not required to keep copies of the documents the employee presents to verify identity and employment authorization unless the employer participates in E-Verify. If they do use E-verify, the employer must retain a copy of certain documents.

Employers are not required to complete Form I-9 for independent contractors or their employees.