How to Fill Out Form I-9 for a New Employee

What Form I-9 is and who must complete it

Every U.S. employer must complete an I-9 for each new employee hired for pay, citizens and noncitizens alike. Independent contractors do not need one.

The I-9 is issued by U.S. Citizenship and Immigration Services (USCIS). It records that you checked the identity and work authorization of each new hire. It is not optional, and it applies to part-time and seasonal employees too.

You do not complete it for true independent contractors, but be careful with classification. The IRS and the Department of Labor look at the actual working relationship. Our guide on types of employment explains the difference.

Download the current edition from USCIS.gov and read the instructions. Outdated forms can be treated as errors.

Section 1: the employee's part

The employee fills in Section 1 on or before their first day of work. It asks for name, address, date of birth and a statement of citizenship or immigration status, plus a signature.

The employee, not you, completes and signs Section 1. Your role is to make sure they do it on time and to give them the instructions. If the employee needs help reading the form, a preparer or translator can assist and must complete the matching section.

Do not tell the employee which documents to present. The law prohibits specifying documents, and doing so can lead to discrimination claims. You also cannot require the employee to complete the form before accepting a job offer; the verification happens after hire.

Check that the section is fully complete and signed before you move on.

Section 2: examining documents

Within three business days of the start date, you review the employee's original documents and record them in Section 2. The employee chooses which acceptable documents to show.

Employees present either one document from List A (proving both identity and work authorization), or one from List B (identity) plus one from List C (work authorization). The lists are printed on the form. Examples commonly seen include a U.S. passport, or a driver's license combined with a Social Security card, but always check the current lists.

Examine the original documents in the employee's presence, either in person or by an approved alternative procedure where available. Confirm they look genuine and relate to the person. Then enter the document title, issuing authority, number and expiration date, and sign and date the section.

Do not accept photocopies in place of originals, except where the rules say a certified copy is acceptable.

Timing rules to track

Section 1 is due by the first day of work. Section 2 is due within three business days of the first day. If a job lasts fewer than three days, Section 2 is due on the first day.

Put the deadlines on your calendar when you make the offer. A simple tracker helps:

1. Offer accepted and start date set.
2. Employee completes Section 1 by the start date.
3. You complete Section 2 within three business days.
4. You file the form securely.

If an employee's work authorization has an expiration date, you must reverify in Section 3 or on a new form before it expires. Set a reminder 90 days ahead. Reverification does not apply to citizens or permanent residents with permanent documents.

Our onboarding plan guide shows where this fits in the first week.

Storing and retaining I-9 forms

Keep I-9s separate from personnel files and retain them for three years after hire or one year after employment ends, whichever is later. They must be available if inspected.

Store forms where authorized people can find them within a short notice period, since federal agencies can inspect them with three business days' notice. Many employers keep them in a separate binder or secure electronic system.

Calculate the destroy date for each form so you do not hold them forever. Records that are kept too long or too loosely can create problems, as can missing forms. Run an internal check once a year.

Electronic I-9 systems are allowed if they meet federal standards. Review the USCIS guidance before you adopt one. Protect copies of documents, if you keep them, as sensitive data. Our small business cybersecurity guide covers safe storage.

Common mistakes and how to fix them

Frequent errors include late completion, missing signatures, requesting specific documents and using an old form. Correct errors by following USCIS guidance rather than overwriting.

Watch for these problems:

• Section 2 completed before the employee finished Section 1
• Missing dates, signatures or document numbers
• Asking for more or different documents than the form requires
• Outdated form editions
• No reverification when work authorization expires

If you find a mistake, do not backdate or use correction fluid. USCIS guidance generally says to draw a line through the error, enter the correct information, initial and date the change, and attach a short explanation. Confirm current instructions on USCIS.gov or with an immigration attorney.

Penalties for paperwork violations can be significant, so an annual self-audit pays for itself.

Fitting I-9 into the rest of hiring

I-9 is one of several new-hire tasks, along with W-4, state forms, benefits enrollment and payroll setup. Handle them as a single checklist.

New-hire paperwork usually includes the federal W-4, state tax forms, direct deposit authorization, policy acknowledgments and the I-9. Group them so nothing is missed. Read how to do payroll for the next step after the forms are in, and how to hire employees for the full path.

Hiring has a cash side as well: the cost of wages, taxes and benefits starts before the new person is fully productive. If growth requires you to bring on several people at once, working capital can cover the ramp. ROI Funder considers businesses with 500+ FICO, 6+ months in business and $20,000+ monthly revenue.