I am an

employer E3

How do I complete 

Form I-9, Employment 

Eligibility Verification?

U.S. employers are required by law to verify the identity 

and employment authorization of each individual they hire after 

November 6, 1986, for employment in the United States by 

completing, Form I-9, Employment Eligibility Verification. In the 

Commonwealth of the Northern Mariana Islands (CNMI), employers 

must complete Form I-9 to verify the identity and employment 

authorization of each new employee (both citizen and noncitizen) 

hired on or after November 28, 2011. 

Employers who hire or continue to employ individuals knowing 

that they are not authorized to be employed in the United States, 

or who fail to comply with employment authorization verification 

requirements, may face civil and, in some cases, criminal penalties. 

Form I-9 must be completed for each newly hired employee, 

including U.S. citizens, permanent residents, and aliens authorized to 

work in the United States, to demonstrate the employer’s compliance 

with the law and the employee’s work authorization. Through the 

Form I-9 process, employers verify, in a nondiscriminatory manner, 

whether their employees possess proper authorization to work in the 

United States.

Who is responsible for completing the different sections of 

Form I-9?

The employee must complete Section 1, Employee Information and 

Verification, of Form I-9. The employee must attest that he or she 

is a U.S. citizen or national, a lawful permanent resident, or an alien 

authorized to work in the United States. The employee must present 

documentation to the employer establishing identity and employment 

authorization by choosing from the documents listed on the most 

current “Lists of Acceptable Documents.” The employer is obligated, 

after physically examining the documents presented by the 

employee, to complete Section 2, Employer Review and Verification, 

or Section 3, Reverification and Rehires (if applicable), of Form I-9.

When should Section 1 of Form I-9 be completed?

Each newly hired employee should complete and sign Section 1 

no later than the first day of employment, regardless of his or her 

immigration status. “First day of employment” refers to the first day 

of work in exchange for pay or other remuneration. 

When should Section 2 of Form I-9 be completed?

Employers or their authorized representative must complete Section 

2 by physically examining evidence of identity and employment 

authorization within 3 business days of the employee’s first day of 

employment. For example, if an employee begins employment on 

Monday, the employer must complete Section 2 by Thursday of that 

week. However, if an employer hires an individual for less than 3 

business days, Section 2 must be completed no later than the first 

day of employment. 

What documents must the employee present?

The employee may present documents of their choosing from those 

listed on the most recent Lists of Acceptable Documents, which can be 

found on the last page of the Form I-9. The employee must present 

either one document from List A, or two documents—one from List B 

and one from List C:

• List A (documentation establishing both identity and 

authorization to work);

• List B (documentation establishing only identity);

• List C (documentation establishing only authorization to work).

The employer must physically examine the documentation 

establishing identity and employment authorization that the 

employee presents. Originals (not copies) must be examined. The 

one exception is the birth certificate, which can be a certified copy.

In certain instances, the employee may present acceptable “receipts” 

in lieu of original documents in the Form I-9 process. For example, 

if an individual’s document has been lost, stolen, or damaged, then 

he or she can present a receipt for the application for a replacement 

document. The replacement document must be presented to the 

employer within 90 days of hire. For more information on the receipt 

rule, see Form M-274, Handbook for Employers: Guidance for 

Completing Form I-9, on www.uscis.gov/I-9Central.

Note: A receipt for an application for an initial or renewal USCIS 

Employment Authorization Document (EAD) filed on a Form I-765, 

Application for Employment Authorization, is not acceptable for Form 

I-9 verification purposes.

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When should Section 3 of Form I-9 be completed?

Employers should complete Section 3 of Form I-9 when re-verifying 

expired employment authorization or in certain rehire situations. 

Reverification applies to those employees whose employment 

authorization (or evidence thereof) expires and is a way to verify 

that such employees are still authorized to work. When rehiring 

an employee within 3 years of the date Form I-9 was originally 

completed, employers have the option to complete a new Form 

I-9 or complete Section 3 of the most current version of Form 

I-9. When completing Section 3 in either a reverification or rehire 

situation, if the employee’s name has changed, you may record the 

name change in Block A of Section 3.

Reverification

For employees who attest in Section 1 that their employment 

authorization expires, employers must reverify employment 

authorization on or before that date. 

Employers must also reverify employment authorization if an 

employee’s List A or List C employment authorization document 

presented in Section 2 (or a previously completed Section 3) expires. 

However, employers should not reverify U.S. citizens and nationals 

or lawful permanent residents who presented a Permanent Resident 

Card (Form I-551) for Section 2. Reverification does not apply to 

List B documents. 

For more information on reverification, see Form M-274, Handbook 

for Employers: Guidance for Completing Form I-9, on www.uscis.

gov/I-9Central.

Rehire

If you rehire your employee within 3 years of the date that a 

previous Form I-9 was completed, you may complete a new Form I-9 

for your employee or complete Section 3 of the previously completed 

Form I-9.

Can I tell an employee what identity and employment 

authorization documents to present for Form I-9?

No, an employer cannot tell an employee which documents 

to present for Form I-9 purposes. Employers should direct the 

employee to the Lists of Acceptable Documents on the Form I-9. 

However, an employer can reject a document that an employee has 

chosen to present if, following the employer’s examination of the 

original document, the employer determines that the document does 

not reasonably appear to be genuine or to relate to the employee. 

How do I know if a document is genuine or false?

The law requires that an employer examine the original document 

(not a photocopy) and make a determination that the document 

reasonably appears to:

• relate to the employee and

• be genuine.

It is important to note that improperly rejecting a document 

could result in a violation of the anti-discrimination provisions of 

immigration law, so employers should carefully examine documents 

before deciding to reject them.

Can employers examine photocopies of identity and 

employment authorization documents?

No, employers must review original documents. The only exception 

is the birth certificate, which can be a certified copy and must bear 

an official seal.

How long should Form I-9 be retained?

Employers must retain an employee’s Form I-9 for as long as the 

individual works for the employer. Once the individual’s employment 

has terminated, the employer must determine how long after 

termination the Form I-9 must be retained. The length of retention 

after the individual’s employment has terminated is either 3 years 

after the date of hire (i.e., the date that employment began), or 1 

year after the date employment is terminated, whichever is later. 

While employers are not required to make copies of the original 

documents examined for Form I-9, employers who do so must store 

the copies for the retention period.

How can I get more information about Form I-9?

Visit I-9 Central at www.uscis.gov/I-9Central for more 

information about Form I-9 and to download Form M-274, 

Handbook for Employers: Guidance for Completing Form I-9.

Key Information

Key USCIS forms referenced 

in this guide

Form #

Employment Eligibility Verification I-9 

Permanent Resident Card I-551

Application for Employment Authorization I-765

Handbook for Employers M-274

Other U.S. Government Services–Click or Call

General 

Information

www.usa.gov 1-800-333-4636

New 

Immigrants

www.welcometoUSA.gov

U.S. Dept. 

of State

www.state.gov 1-202-647-6575

U.S. 

Department 

of Justice 

OSC

www.justice.gov/crt/osc/ 1-800-255-8155
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For more copies of this guide, or information 

about other customer guides, please visit 

www.uscis.gov/howdoi. 

You can also visit www.uscis.gov to 

download forms, e-file some applications, 

check the status of an application, and more. 

It’s a great place to start!

If you don’t have Internet access at home 

or work, try your local library. 

If you cannot find what you need, please call 

Customer Service at: 1-800-375-5283 

Hearing Impaired TDD Customer Service: 

1-800-767-1833

Disclaimer: This guide provides basic information 

to help you become generally familiar with our 

rules and procedures. For more information, or 

the law and regulations, please visit our Web 

site. Immigration law can be complex, and it is 

impossible to describe every aspect of every 

process. You may wish to be represented by 

a licensed attorney or by a nonprofit agency 

accredited by the Board of Immigration Appeals.