The Netchex Definitive Guide to Form I-9 for Employees (2026)

Employers require Form I-9 because federal law requires them to verify the identity and employment authorization of every person they hire for work in the United States. The form is completed for each new hire, whether the person is a U.S. citizen or a noncitizen authorized to work. For employees, the process usually means completing Section 1 and showing acceptable documents. The purpose is compliance with federal employment eligibility rules, not a judgment about a person’s background.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

In Section 1, employees must enter their full legal name, address, date of birth, and immigration or citizenship status. Most employees also provide their signature and the date they completed the section. A Social Security number is only required in Section 1 if the employer participates in E-Verify. If a preparer or translator helped complete the form, that person must also complete the related certification area.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

List A documents establish both identity and employment authorization at the same time. If an employee presents one acceptable List A document, they do not need to also present a List B or List C document. Common examples include an unexpired U.S. passport or passport card, a Permanent Resident Card, or certain employment authorization documents. The document must reasonably appear genuine and relate to the employee.

References 

Source: USCIS Form I-9 Acceptable Documents 

Source: USCIS Handbook for Employers M-274 

List B documents establish identity only. If an employee uses a List B document, they must also present a separate List C document to show employment authorization. Common List B documents include a state-issued driver’s license or identification card with a photo or identifying information. For employees under age 18, special alternatives may be allowed if they do not have the usual identity documents.

References 

Source: USCIS Form I-9 Acceptable Documents 

Source: USCIS Handbook for Employers M-274 

List C documents establish employment authorization only. If an employee presents a List C document, they must also provide a separate List B document to prove identity. Common examples include an unrestricted Social Security card or an original or certified copy of a U.S. birth certificate issued by a state, county, municipal authority, or outlying possession. Not every Social Security card qualifies, so employees should check whether the card contains restrictions.

References 

Source: USCIS Form I-9 Acceptable Documents 

Source: USCIS Handbook for Employers M-274 

Yes. Employees choose which acceptable document or combination of documents to present from the Lists of Acceptable Documents. An employer cannot require a specific document, such as a passport or green card, if other acceptable documents are available. Asking for different or extra documents can raise anti-discrimination concerns. Employees should be given the full list and allowed to decide what to present.

References 

Source: USCIS Employee Rights 

Source: DOJ Civil Rights Division Immigrant and Employee Rights Section 

An employee may begin work before the employer finishes Section 2, but Section 1 must be completed no later than the employee’s first day of employment for pay. The employer then has up to three business days after the first day of work for pay to examine documents and complete Section 2. If the job lasts fewer than three business days, Section 2 must be completed no later than the first day of work. Waiting too long can create compliance issues for the employer.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

If an employee does not complete Section 1 on time, the employer cannot properly complete the Form I-9 process. Section 1 must be completed no later than the employee’s first day of employment for pay. The employee should correct the issue as soon as possible with the employer. If Section 1 is never completed, the employer may be unable to continue employment lawfully.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

If an employee makes an error in Section 1, the form should be corrected rather than ignored. In general, the person who made the error should correct it, enter the correct information, and initial and date the change if the employer follows paper correction procedures. Electronic systems should also keep an audit trail of the correction. Employees should not erase or hide the original entry.

References 

Source: USCIS Self-Audits and Correcting Mistakes 

Source: USCIS Instructions for Form I-9 

Yes, in most cases employees must present original documents for I-9 verification. Employers generally examine the original document to decide whether it reasonably appears genuine and relates to the employee. The main exception is a certified copy of a birth certificate, which is acceptable if it is an official certified copy. Plain photocopies are not sufficient for standard in-person document review.

References 

Source: USCIS Form I-9 Acceptable Documents 

Source: USCIS Handbook for Employers M-274 

Usually no. Employers generally must examine original documents, not photocopies or scanned copies, for Form I-9 purposes. A certified copy of a birth certificate is an allowed exception because it is treated as an original official record. Outside of approved alternative procedures, a regular photocopy of an identification or work authorization document cannot be used to complete the form.

References 

Source: USCIS Form I-9 Acceptable Documents 

Source: USCIS Handbook for Employers M-274 

An employee can still complete Form I-9 even if they do not yet have a Social Security number, as long as the employer does not use E-Verify. If the employer uses E-Verify, the employee must provide a Social Security number in Section 1. Employees who have applied for a number but have not yet received it should speak with the employer about next steps. The lack of a number does not by itself change the rules on presenting acceptable I-9 documents.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

Yes. Form I-9 may be completed electronically if the employer uses a compliant electronic system. The system must include the required form content, instructions, and an audit trail, and it must allow completion and retention in accordance with federal rules. Employees still must complete Section 1 on time and present acceptable documents for Section 2. Electronic completion does not change the underlying legal requirements.

References 

Source: USCIS Handbook for Employers M-274 

Source: USCIS Instructions for Form I-9 

If an employee’s work authorization expires, the employer may need to reverify continued authorization to work. Reverification is generally completed in Supplement B or an equivalent attached process using an acceptable unexpired document showing continued work authorization. U.S. citizens and lawful permanent residents generally are not reverified when their permanent work authorization does not expire. Employees should respond promptly if the employer requests reverification documentation.

References 

Source: USCIS M-274 Section 6.1 Reverifying Employment Authorization for Current Employees 

Source: USCIS Handbook for Employers M-274 

A name change does not usually require a brand-new Form I-9. Employers may update the employee’s name in their records, and many employers note the change on the existing Form I-9 or related recordkeeping system. Employees should let HR know so payroll, benefits, and identity records stay consistent. The change does not restart the new-hire verification process.

References 

Source: USCIS M-274 Section 6.3 Recording Changes of Name and Other Identity Information 

Source: USCIS Instructions for Form I-9 

No. Employees hired for work in the United States generally must complete Form I-9 if the employer is required to verify employment eligibility. Refusing to complete the form or present acceptable documentation can prevent the employer from meeting federal requirements. In that situation, the employer may be unable to continue the hiring process or ongoing employment. Employees still retain the right to choose which acceptable documents to present.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

If an employee loses documents, they should try to replace them quickly or determine whether they have other acceptable documents from the Lists of Acceptable Documents. Employees do not have to present the same document they originally planned to use if another acceptable choice is available. In some situations, a valid receipt for a replacement document may be temporarily acceptable. The employer should review the official receipt rules rather than guess.

References 

Source: USCIS M-274 Section 4.4 Acceptable Receipts 

Source: USCIS Form I-9 Acceptable Documents 

Generally no. Most documents from the Lists of Acceptable Documents must be unexpired when presented. There are limited exceptions for certain documents and special rules that may apply in specific circumstances described by USCIS. Employees who are unsure should check the current Lists of Acceptable Documents or speak with HR before presenting an expired document.

References 

Source: USCIS Form I-9 Acceptable Documents 

Source: USCIS Handbook for Employers M-274 

Employees must complete Section 1 no later than their first day of employment for pay. The employer must complete Section 2 within three business days of that first day. If the employment lasts fewer than three business days, both steps must be completed by the first day as required by the rules. Employees should bring their documents promptly so the employer can meet the deadline.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

Yes, employees may complete Section 1 after accepting an offer and before the first day of work, as long as the job has actually been accepted. Completing Section 1 early can help avoid delays on the first day. However, the employer cannot complete Section 2 until the employee begins work for pay, except where the timing rules otherwise allow review within the required window after start. Early completion does not change the document rules.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

Yes. Part-time employees are treated the same as full-time employees for Form I-9 purposes. If they are employees hired for work in the United States, they generally must complete Form I-9. The same Section 1 and Section 2 timing rules apply. Work schedule or number of hours does not remove the I-9 requirement.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

Yes. Temporary employees generally must complete Form I-9 if they are employees hired to work in the United States. The fact that a position is short-term does not eliminate the verification requirement. The same deadlines apply unless the person is not actually the employer’s employee under the I-9 rules. Staffing arrangements can affect which entity is responsible for the form, but the employee still must be verified by the responsible employer.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

If an employee presents documents that do not satisfy the Lists of Acceptable Documents, the employer should explain that different acceptable documentation is needed. The employer should not demand a specific replacement document. Instead, the employee should be allowed to choose any valid document or valid combination from the official lists. The issue is usually resolved by presenting another acceptable option within the required timeframe.

References 

Source: USCIS Form I-9 Acceptable Documents 

Source: USCIS Handbook for Employers M-274 

If an employee cannot locate acceptable documents, they should review the Lists of Acceptable Documents to see whether they have another qualifying option. In some cases, a receipt for a replacement document may be used temporarily under the receipt rules. If no acceptable document or valid receipt can be provided on time, the employer may be unable to complete the I-9 process. Employees should act quickly because the deadlines are short.

References 

Source: USCIS M-274 Section 4.4 Acceptable Receipts 

Source: USCIS Form I-9 Acceptable Documents 

An employer generally must accept documents that reasonably appear genuine and relate to the employee if the documents are on the Lists of Acceptable Documents. Rejecting valid documents or demanding different ones can create immigration-related discrimination issues. Employees can raise the concern with HR and may also contact the Department of Justice’s Immigrant and Employee Rights Section for help. The law protects workers from unfair documentary practices during the I-9 process.

References 

Source: USCIS Employee Rights 

Source: DOJ Civil Rights Division Immigrant and Employee Rights Section 

Employees have the right to choose which acceptable documents to present and to be treated without discrimination based on citizenship, immigration status, or national origin where the law applies. Employers may not ask for more or different documents than the rules require or reject valid documents because of a worker’s background. Employees also have the right to receive the form instructions and complete Section 1 with translator or preparer help if needed. Workers who believe their rights were violated can contact the DOJ’s Immigrant and Employee Rights Section.

References 

Source: USCIS Employee Rights 

Source: DOJ Civil Rights Division Immigrant and Employee Rights Section 

Yes, but only in the sense that employees may present any valid combination allowed by the Lists of Acceptable Documents. For example, an employee can present one List A document, or one List B document plus one List C document. Showing extra documents is not required and should not be demanded by the employer. The employer only needs enough acceptable documentation to satisfy the form requirements.

References 

Source: USCIS Form I-9 Acceptable Documents 

Source: USCIS Handbook for Employers M-274 

Yes. A U.S. passport card is a List A document for Form I-9. That means it establishes both identity and employment authorization by itself. If an employee presents an acceptable unexpired passport card, they do not need to present separate List B or List C documents. The card must still reasonably appear genuine and relate to the employee.

References 

Source: USCIS Form I-9 Acceptable Documents 

Source: USCIS Handbook for Employers M-274 

A driver’s license can be used for Form I-9 only as a List B identity document, not by itself. Because it establishes identity only, the employee must also present a separate acceptable List C document showing employment authorization. The license should be unexpired and issued by a state or other qualifying government authority. Employees should review the Lists of Acceptable Documents for the exact requirements. 

References 

Source: USCIS Form I-9 Acceptable Documents 

Source: USCIS Handbook for Employers M-274 

Yes, an original or certified copy of a birth certificate issued by a state, county, municipal authority, or outlying possession of the United States can be a List C document. It establishes employment authorization, not identity. Because it is a List C document, the employee must also present a separate acceptable List B document, such as a driver’s license. A hospital souvenir certificate does not qualify.

References 

Source: USCIS Form I-9 Acceptable Documents 

Source: USCIS Handbook for Employers M-274 

If an employee’s immigration status changes, the effect on Form I-9 depends on whether the change affects work authorization. In some cases, the employer may need updated information or reverification of continued work authorization. In other cases, no new form is required if the employee already has permanent authorization and the employer’s records remain accurate. Employees should notify HR when a status change affects their ability to work or the expiration of their authorization.

References 

Source: USCIS M-274 Section 6.1 Reverifying Employment Authorization for Current Employees 

Source: USCIS Handbook for Employers M-274 

Usually no. A promotion by itself does not require a new Form I-9 because the person is already employed by the same employer. The original form remains valid unless reverification is required for expiring work authorization or another specific rule applies. Internal job changes do not normally restart the new-hire verification process. Employers may still update internal records as needed.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

Usually no. Changing departments within the same employer does not normally require a new Form I-9. The verification was tied to the original hire, not the employee’s internal department assignment. A new I-9 would only be needed if another specific rule applies, such as rehire after the retention period or reverification of temporary work authorization. Routine internal transfers generally do not require a new form.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

Usually no. Moving to another state while staying employed by the same employer does not by itself require a new Form I-9. The employer may need to update payroll or personnel records, but the original I-9 typically remains in place. A new form is only needed if there is a separate trigger, such as a rehire situation or required reverification. Employees should still inform HR of address and record changes.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

If an employer loses an employee’s Form I-9, the employer generally should complete a new form as soon as the problem is discovered and attach an explanation. That is mainly an employer compliance issue, but the employee may need to cooperate by completing Section 1 again and presenting documents if asked. The employer should not backdate the replacement form. Proper retention and documentation are important because the employer is responsible for keeping the record. 

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

Federal I-9 rules do not require employers to automatically give employees a copy of the completed Form I-9, but an employer may choose to do so. Some employers provide a copy routinely, especially in electronic systems. Employees may also have access rights under employer policy or state law. If you want a copy, the best first step is to ask HR or the records custodian. 

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

Yes, errors on a completed I-9 can be corrected, but they should be corrected properly rather than covered up. The person who made the mistake generally should make the correction, add the right information, and initial and date the change if using paper procedures. If Section 2 or Supplement B is involved, the employer or authorized representative usually makes that correction. Electronic systems should preserve an audit trail of any updates.

References 

Source: USCIS Self-Audits and Correcting Mistakes 

Source: USCIS Instructions for Form I-9 

The attestation in Section 1 requires employees to state, under penalty of perjury, which citizenship or immigration status category applies to them. This helps the employer document that the employee claims to be authorized to work in the United States. It also creates a formal record tied to the employee’s signature. The attestation is an important part of the legal verification process, not just a formality.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

Employment authorization means a person is legally allowed to work in the United States. Some people have permanent authorization, such as U.S. citizens and many lawful permanent residents. Others may have temporary authorization tied to a particular immigration category, document, or expiration date. Form I-9 is used to confirm that authorization for employment purposes.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

If an employee provides incorrect information, the form should be corrected promptly. Small mistakes can often be fixed through the normal correction process, but false statements can create much more serious problems. Because Section 1 is signed under penalty of perjury, accuracy matters. Employees should tell HR as soon as they notice an error rather than wait for an audit or mismatch to reveal it.

References 

Source: USCIS Self-Audits and Correcting Mistakes 

Source: USCIS Instructions for Form I-9 

Employees can complete Section 1 remotely if the employer uses an electronic process or sends the form for off-site completion, but the document review rules still must be followed. Whether documents may be examined remotely depends on whether the employer qualifies for a DHS-authorized alternative procedure or uses an authorized representative for physical inspection. Employees should follow the employer’s specific onboarding instructions. Remote work status alone does not remove the I-9 requirement.

References 

Source: USCIS Remote Examination of Documents Optional Alternative Procedure 

Source: USCIS Handbook for Employers M-274 

A preparer or translator may help an employee complete Section 1 if the employee needs assistance because of language, disability, or another reason. The helper must complete the preparer and translator certification block. The employee still must sign or otherwise complete Section 1 as required. Employers should not skip the certification if assistance was provided.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

Yes. Translators may help employees understand and complete Section 1. If one or more translators or preparers assist, that assistance must be recorded in the preparer and translator certification area of the form. The translator should help communicate the information accurately, not guess or change the employee’s answers. The employee remains responsible for the truthfulness of the information provided.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

Providing false documents or false information for Form I-9 can lead to serious consequences, including termination and possible civil or criminal penalties. The form is part of a federal verification process, so misrepresentation is not a minor paperwork issue. Employers are required to examine documents that reasonably appear genuine, but knowingly presenting fraudulent documents is unlawful. Employees should use only valid documents that belong to them and reflect their true work authorization.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

Usually yes, if the intern is an employee receiving wages or other remuneration for labor in the United States. Paid interns are generally treated like other employees for I-9 purposes. Unpaid interns may also need an I-9 if they are considered employees under the applicable rules. The key question is whether the person is an employee for Form I-9 purposes, not whether their title is intern. 

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

Yes. Seasonal workers generally must complete Form I-9 if they are employees hired to work in the United States. The fact that the job is tied to a season or short busy period does not remove the requirement. The same deadlines and document rules apply. Employers may have special rehire options for returning seasonal staff in some situations, but verification is still required.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

If an employee holds multiple jobs for the same employer, the employer usually does not need a separate I-9 for each assignment as long as the person is the same employee in a continuing employment relationship. The original Form I-9 generally covers the employment relationship. However, the employer must still track any reverification needs for temporary work authorization. Corporate structure matters, so a different legal entity may require a different form. 

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

Usually no, if the employee is returning from leave and the employment relationship continued. A regular leave of absence, furlough, or similar break does not normally require a new Form I-9 when the same employer kept the employee on the books. If work authorization expired during the leave, reverification may be required before the employee resumes work. The answer can change if the person was actually terminated and later rehired.

References 

Source: USCIS M-274 Section 6.1 Reverifying Employment Authorization for Current Employees 

Source: USCIS Handbook for Employers M-274 

If an employee is rehired by the same employer within three years of the date the original Form I-9 was completed, the employer may be able to use Supplement B to rehire the employee instead of completing a new form, if the original form is still valid. If more than three years have passed, a new Form I-9 is generally required. The employer also must reverify work authorization if the employee’s prior authorization has expired. Employees may need to provide updated documents depending on the situation.

References 

Source: USCIS M-274 Section 6.1 Reverifying Employment Authorization for Current Employees 

Source: USCIS Handbook for Employers M-274 

Yes. A person who was previously an independent contractor and is now being hired as an employee must complete Form I-9 at the time they become an employee. Employers do not complete I-9s for true independent contractors, so the conversion to employee status triggers the requirement. The normal new-hire timing rules apply from the employee start date. Prior contractor status does not replace the I-9 process.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

No. Section 1 must be completed no later than the employee’s first day of employment for pay. Completing it after the first day would be late and would create a compliance problem. Employees should finish Section 1 before or on the first paid workday. Employers should build this into onboarding so deadlines are not missed.

References 

Source: USCIS Instructions for Form I-9 

Source: USCIS Handbook for Employers M-274 

Sometimes. Employees may need to update information later if there was an error to correct, a legal name change to record, or a status change that affects employment authorization. Employees do not normally keep editing the original form casually after hire. Some updates are handled by the employer in Supplement B or in record notes instead. The right process depends on what changed.

References 

Source: USCIS M-274 Section 6.1 Reverifying Employment Authorization for Current Employees 

Source: USCIS Handbook for Employers M-274 

No. U.S. citizens do not need to present immigration documents specifically just because they are citizens. They may present any acceptable documentation from the Lists of Acceptable Documents. For example, a U.S. passport is a List A document, but a driver’s license plus an unrestricted Social Security card also can work. Employers cannot require citizens to show a particular type of document.

References 

Source: USCIS Employee Rights 

Source: DOJ Civil Rights Division Immigrant and Employee Rights Section 

If an employee’s legal status changes, the practical impact depends on whether work authorization changes with it. Some changes require the employer to reverify continued authorization when the prior authorization expires or new authorization is granted. Other changes, such as becoming a lawful permanent resident or U.S. citizen, may simply affect future documentation and internal records. Employees should notify HR if the change affects their current authorization to work.

References 

Source: USCIS M-274 Section 6.1 Reverifying Employment Authorization for Current Employees 

Source: USCIS Handbook for Employers M-274 

Employees should enter their legal last name in Section 1, even if it is hyphenated or includes multiple family names. The form should match the employee’s legal identity as closely as possible. If a person has only one name, USCIS provides special instructions for entering it properly. Consistency with the employee’s documents helps avoid confusion during verification.

References 

Source: USCIS M-274 Section 6.3 Recording Changes of Name and Other Identity Information 

Source: USCIS Instructions for Form I-9 

Employees should complete Section 1 using their full legal name and should be prepared to explain legitimate differences if their documents show variations, such as a maiden name, married name, or hyphenated name. Employers may accept documents that reasonably appear to relate to the employee, but they may need to review the situation carefully. Employees should not alter documents to force a match. When needed, employees can provide supporting context through HR rather than guessing on the form.

References 

Source: USCIS M-274 Section 6.3 Recording Changes of Name and Other Identity Information 

Source: USCIS Instructions for Form I-9 

They may need to, depending on timing. Section 1 must be completed no later than the first day of work for pay, and the employer must examine acceptable documents within three business days of that first day. Because of that deadline, many employers ask employees to bring documents on day one. If the job will last fewer than three business days, the documents effectively need to be available immediately.

References 

Source: USCIS Form I-9 Acceptable Documents 

Source: USCIS Handbook for Employers M-274 

Generally no for standard I-9 document examination. Employers usually must review physical original documents unless they are following a DHS-authorized alternative procedure or another approved process. A photo or scan on a phone is not normally sufficient by itself for regular document inspection. Employees should follow the employer’s lawful process rather than assume digital images will be accepted. The rules differ from everyday identity checks used outside Form I-9.

References 

Source: USCIS Form I-9 Acceptable Documents 

Source: USCIS Handbook for Employers M-274 

If a document is damaged or unreadable, the employer may determine that it does not reasonably appear genuine or that it does not relate to the employee. In that case, the employee should present a different acceptable document or, if allowed, a valid receipt for a replacement. The employer should not demand a specific replacement document. The goal is to provide an acceptable document that can actually be examined. 

References 

Source: USCIS Form I-9 Acceptable Documents 

Source: USCIS Handbook for Employers M-274 

Not always. In a merger, acquisition, or similar corporate transaction, the new employer may choose to treat employees as continuing employees and accept previously completed Forms I-9, but it also assumes responsibility for any errors in those forms. Alternatively, the new employer may choose to complete new Forms I-9. From the employee’s perspective, whether a new form is required depends on how the employer handles the transaction under USCIS rules. HR should inform employees which process will be used.

References 

Source: USCIS Mergers and Acquisitions 

Source: USCIS Handbook for Employers M-274