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Every employer in the United States is legally required to verify that each new hire is authorized to work here. That verification happens through Form I-9, Employment Eligibility Verification—a federal form issued by the U.S. Citizenship and Immigration Services (USCIS). Getting it right isn’t optional. Getting it wrong carries fines starting at $2,861 per violation, and ICE has started using AI to detect inconsistencies.
What Is Form I-9 and Why Does It Matter?
Form I-9 is the federal government’s mechanism for confirming that every employee you hire is either a U.S. citizen, a lawful permanent resident, or an individual authorized to work in the United States under immigration law. The Department of Homeland Security (DHS) uses this form to track employment eligibility nationwide.
The Three Sections of Form I-9
Section 1: Employee Information and Attestation
The employee completes Section 1 on or before their first day of employment. They attest to their name, date of birth, address, and citizenship or immigration status. They also confirm they are authorized to work in the U.S.
Section 2: Employer or Authorized Representative Review
The employer—or an authorized representative—must physically examine the employee’s identity and work authorization documents. This must happen within three business days of the employee’s first day of work.
Section 3: Reverification and Rehires
Section 3 is used when an employee’s work authorization expires, when an employee is rehired, or when you update prior I-9 information. Not all hires require Section 3—only those specific circumstances trigger it.
Acceptable Documents
Employees choose which documents to present—employers cannot dictate specific documents. USCIS accepts documents grouped into three lists: List A documents establish both identity and work authorization in a single document (e.g., U.S. passport, Permanent Resident Card/Green Card, Employment Authorization Document). List B documents establish identity only (e.g., driver’s license, state ID, school ID with photo). List C documents establish work authorization only (e.g., unrestricted Social Security card, birth certificate, tribal ID). Employees must present either one List A document, OR one List B document plus one List C document.
Bottom Line
Form I-9 compliance is one of the most paper-intensive requirements in HR—and one of the most audited. The cost of errors compounds when you multiply violations across multiple employees and locations. The best defense is a systematic, documented process.
Frequently Asked Questions
List A documents establish both identity and work authorization in a single document. These include a U.S. passport, Permanent Resident Card (Green Card), Employment Authorization Document (EAD), or passport with an unexpired visa stamp. Employees may present any valid List A document—you cannot require a specific one.
Section 2 must be completed by the employer within three business days of the employee’s first day of work. This means reviewing original or certified copies of acceptable documents and verifying that the documents appear genuine and the information matches what the employee provided in Section 1. Weekends and holidays do not count as business days.
No. The employee chooses which documents to present, not the employer. As long as the documents are on the acceptable list and appear genuine, the employer must accept them. Employers cannot demand a specific document or combination of documents. This protects employees from discrimination.
Ready to automate employment eligibility verification?
Netchex manages Form I-9 document storage, audit trails, and compliance workflows so your team never misses a deadline or violates an employment verification requirement.
This guide reflects publicly available product information and independent reviewer data (G2, Capterra, Trustpilot, Yelp, Better Business Bureau, Reddit, Software Advice, GetApp) as of 2026. Feature availability and pricing may vary by plan. Contact each provider for current details.
Disclaimer: Any product roadmap or future plans provided herein are for informational purposes only. They do not represent a commitment to deliver any material, code, feature, or functionality. Plans may change without notification. The development, release and timing of any features or functionality described remain at the sole discretion of Netchex, its affiliates, and partners. Netchex does not give legal, tax, or accounting advice. You are responsible for ensuring your use of Netchex product meets your individual business and compliance requirements.
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