What is a Form I-9?

Form I-9 is a required document that U.S. employers use to verify a new hire is legally allowed to work in the country. It’s part of the onboarding process. Both the employee and employer have to fill it out. It confirms two things: your identity and your work eligibility. And yes, it’s a legal must.

Who is required to fill out Form I-9 and when?

Every new hire in the U.S.—citizen or not—has to complete Form I-9. You fill out your part by your first day. Your employer has three business days to review your documents and finish their section. You only do it once per job, not every year or with every paycheck.

What documents are acceptable for Form I-9 verification?

You’ll need to show ID and proof you can work in the U.S. One option: a document from List A, like a U.S. passport or green card. Or, you can show one document from List B (like a driver’s license) and one from List C (like a Social Security card). They must be original and valid. No copies.

What happens if Form I-9 is filled out incorrectly or late?

Mistakes can cost money. If an employer skips a section, misses a signature, or turns it in late, they could face fines. If you don’t bring the right documents, it could delay your start—or cost you the job. The key? Get it done right and on time.

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How long do employers need to keep Form I-9 on file?

Hold on to the form for three years after the hire date, or one year after the person leaves—whichever comes later. You don’t submit it to the government unless they ask. But you need to have it ready in case of an audit.

Can Form I-9 be completed electronically?

Yep. A lot of companies use digital systems now. Just make sure whatever platform you use meets federal security and storage rules. Most HR software already handles that.

What’s the difference between Form I-9 and E-Verify?

Form I-9 is required by law. E-Verify is optional for most employers, unless you’re a federal contractor or in a state where it’s mandatory. E-Verify checks the info from Form I-9 against government databases. It’s just a follow-up check, not a replacement.

Gusto Editors

Gusto Editors

Gusto Editors, contributing authors on Gusto, provide actionable tips and expert advice on HR and payroll for successful business management.