How to Fill Out USCIS Form I-9 (w/Examples) + FAQs

You fill out USCIS Form I-9 by completing Section 1 on or before your first day of paid work, then having your employer complete Section 2 within three business days of your start date, using original, unexpired documents from the Lists of Acceptable Documents. Every U.S. employer must verify the identity and employment authorization of every person hired after November 6, 1986, under the Immigration Reform and Control Act (IRCA).

The stakes are high, and the paperwork is unforgiving. According to Immigration and Customs Enforcement worksite enforcement data, employers paid more than $100 million in I-9 fines and forfeitures in recent years, and a single missing signature can cost an employer up to $2,861 per form under the 2025 civil penalty schedule.

Here is what you will learn in this guide:

• 📝 How to complete every line of the current 08/01/2023 edition of Form I-9, section by section
• 🪪 Which documents from List A, List B, and List C satisfy the identity and work authorization requirements
• 💻 How E-Verify, the alternative remote examination procedure, and authorized representatives change your workflow
• ⚖️ The federal and state penalties for paperwork errors, knowing hires, and discrimination, including 2025 fine tiers
• 🛠️ The seven most common I-9 mistakes, real-world named examples, and the fixes that protect your business

What Form I-9 Actually Is and Why It Exists

Form I-9, Employment Eligibility Verification, is the federal document every U.S. employer uses to confirm that each new hire is legally allowed to work in the United States. The form was created by the Immigration Reform and Control Act of 1986, commonly called IRCA, which made it illegal for employers to knowingly hire or continue to employ unauthorized workers. The current version is the 08/01/2023 edition, and it is valid through 05/31/2027 per USCIS Form I-9 Central.

The form itself looks short. It is a single page with two sections that the worker and employer each complete, plus a Supplement A for preparers and translators and a Supplement B for reverification and rehires. Behind that simple page sits a dense web of rules in 8 CFR 274a.2, the USCIS M-274 Handbook for Employers, and ongoing guidance from the Department of Justice’s Immigrant and Employee Rights Section.

The purpose is twofold. First, the form proves identity, so the person on the payroll is the same person who showed up to work. Second, it proves employment authorization, meaning the worker is a U.S. citizen, a noncitizen national, a lawful permanent resident, or a noncitizen with permission to work. A common misconception is that Form I-9 is filed with the government. It is not. Employers retain the form and produce it only when an authorized officer from ICE Homeland Security Investigations, the Department of Labor, or the Immigrant and Employee Rights Section requests it.

The consequence of treating the I-9 as a throwaway HR formality can be severe. A single technical or substantive paperwork violation now carries a civil penalty between $288 and $2,861 under the DOJ inflation-adjusted 2025 schedule, and knowing-hire violations can climb past $28,619 per worker for repeat offenders.

Who Must Complete Form I-9 and Who Is Exempt

Every employer in the United States must complete a Form I-9 for every person hired to perform labor or services in return for wages or other remuneration. This rule applies to employers of every size, from a one-person LLC hiring its first part-time helper to a Fortune 100 staffing company. The duty is laid out in INA §274A and applied through 8 CFR 274a.

Independent contractors do not get an I-9. If a worker is genuinely self-employed and meets the common-law contractor test, no I-9 is required, but employers cannot use a contractor label to dodge the duty. The consequence of misclassification is sharp. Under 8 CFR 274a.5, an employer who uses a contractor knowing the contractor’s workers are unauthorized is itself liable.

Domestic workers in a private home who work sporadically, irregularly, or intermittently are exempt. So are workers hired before November 7, 1986, who have continued in the same employment, and workers performing casual services in private homes. A common misconception is that volunteers need an I-9. They do not, as long as no wages or other compensation change hands.

Real-World Example: Maya the Bakery Owner

Maya owns a small bakery in Austin and hires her first employee, Diego, as a part-time counter clerk. Maya must complete Form I-9 for Diego on his first day, even though she has only one worker. She must also complete an I-9 for her teenage niece if she pays her to help on weekends, because wages trigger the duty. If Maya later hires a freelance graphic designer to make a logo, she does not complete an I-9 for the designer, because the designer is a true independent contractor under the IRS common-law test.

The 08/01/2023 Edition: What Changed and Why It Matters

The 08/01/2023 edition of Form I-9 looks dramatically shorter than the prior 10/21/2019 version, and that compression is intentional. USCIS condensed Sections 1 and 2 onto a single page, moved the preparer/translator certification to Supplement A, and moved reverification and rehires to Supplement B per the USCIS announcement. The form is fillable on mobile devices, and a checkbox lets qualified E-Verify employers indicate that they examined documents remotely under the alternative procedure.

The DHS final rule on remote document examination, effective August 1, 2023, allows participating E-Verify employers in good standing to inspect documents over live video instead of in person. The consequence of using this option without being an E-Verify participant in good standing is that the inspection is invalid, and the employer faces standard physical-inspection penalties.

A common misconception is that older editions are still acceptable. They are not for new hires. After October 31, 2023, employers must use the 08/01/2023 edition for every new hire, although prior editions remain valid in the employee’s existing file for the retention period.

Step-by-Step: Filling Out Section 1 (Employee)

Section 1 belongs to the employee, and the employee alone is responsible for its accuracy. The worker must complete it no later than the first day of employment for pay, but never before accepting a job offer per USCIS guidance in the M-274. Filling it out before a job offer is an unfair documentary practice prohibited by INA §274B.

Name, Address, and Contact Fields

The employee enters the legal last name, first name, middle initial, and any other last names used, such as a maiden name. The address must be a current physical residence, not a P.O. box, although a rural route is acceptable. Date of birth follows mm/dd/yyyy format, and the U.S. Social Security number is optional unless the employer participates in E-Verify, in which case it is required by the E-Verify MOU. Email and telephone are optional, and an employee who has neither writes “N/A.”

The consequence of leaving a required field blank is a substantive paperwork violation under the I-9 inspection framework in INA §274A(b). A real example: Carlos, a new hire at a logistics firm, leaves the middle initial blank because he has no middle name. The correct entry is “N/A,” not blank, and the employer’s HR manager catches this on day one to avoid a fine.

Citizenship/Immigration Status Attestation

The employee then checks exactly one of four boxes:

• A citizen of the United States
• A noncitizen national of the United States, which mainly covers people born in American Samoa or Swains Island
• A lawful permanent resident, who must enter the USCIS or A-Number
• A noncitizen authorized to work, who must enter the work authorization expiration date if any, plus either the USCIS A-Number, Form I-94 admission number, or foreign passport number with country of issuance

Checking more than one box is a substantive violation. Checking the wrong box is worse and can trigger a referral to the Immigrant and Employee Rights Section if the employer caused the error through coercion. The consequence of a knowingly false attestation by the employee is a federal crime under 18 U.S.C. §1546.

Signature and Date

The employee signs and dates Section 1. An electronic signature is allowed if the system meets the standards in 8 CFR 274a.2(i). A common misconception is that a typed name is automatically a valid e-signature. It is not unless the system records the act of signing, attributes it to the person, and produces an audit trail.

Supplement A: Preparer and Translator Certification

Supplement A replaces the old Section 1 preparer/translator block. It is used when someone helps the employee complete Section 1, whether by translating, reading aloud, or filling in fields on the employee’s behalf. Each preparer or translator completes a separate certification on the same supplement, and up to four people can sign. The supplement is only required if a preparer or translator is used.

The consequence of skipping Supplement A when a translator was used is a paperwork violation, because the form no longer reflects who actually prepared it. A scenario: Aisha, a refugee with limited English, asks her cousin to translate Section 1 into Tigrinya. The cousin must complete Supplement A, sign, and date it on the same day Aisha signs Section 1. A common misconception is that the employer’s HR rep cannot serve as a preparer. The HR rep can, but they sign as both preparer and as the employer’s representative in Section 2, and that dual role must be documented.

Step-by-Step: Filling Out Section 2 (Employer)

Section 2 belongs to the employer or the employer’s authorized representative. The employer must complete it within three business days of the employee’s first day of paid work per 8 CFR 274a.2(b)(1)(ii). If the job lasts fewer than three days, Section 2 must be completed on or before the first day.

Examining Documents in Person or Remotely

The employer physically examines original, unexpired documents from the Lists of Acceptable Documents. The employee chooses to present either one document from List A or one from List B plus one from List C. The employer cannot demand specific documents, because document abuse is a separate violation under INA §274B(a)(6). The consequence of demanding a green card from a lawful permanent resident who chose to show a driver’s license and Social Security card is a discrimination claim with penalties up to $2,861 per violation under the 2025 IER penalty schedule.

E-Verify employers in good standing may use the alternative remote procedure, which means the employer examines documents over live video, retains clear copies, and notes the procedure on the form by checking the dedicated box. A common misconception is that any employer can inspect documents over Zoom. They cannot. Only enrolled E-Verify participants in good standing qualify.

Recording Document Information

The employer records the document title, issuing authority, document number, and expiration date for each document presented. If a field does not apply, the employer enters “N/A.” The first day of employment goes on the line marked Employee’s First Day of Employment, and that date must match payroll records.

The employer’s representative then signs, prints their name and title, prints the business or organization name, and lists the address. The consequence of an unsigned Section 2 is automatic substantive violation status, with no opportunity to cure during a Notice of Inspection. A real example: Priya, an HR coordinator, examines a U.S. passport and lists it under List A, but forgets to sign. During an ICE audit two years later, the company is fined the full amount because a missing employer signature is the single most common substantive violation cited in DOJ Office of the Chief Administrative Hearing Officer rulings.

List A vs. List B and C

Document Category	What It Proves
List A, U.S. passport or passport card	Identity and work authorization
List A, Permanent Resident Card (Form I-551)	Identity and work authorization
List A, Foreign passport with Form I-94 and endorsement	Identity and work authorization
List A, Employment Authorization Document (Form I-766)	Identity and work authorization
List B, state-issued driver’s license with photo	Identity only
List B, school ID with photo	Identity only
List C, unrestricted Social Security card	Work authorization only
List C, original or certified U.S. birth certificate	Work authorization only

A Social Security card stamped “NOT VALID FOR EMPLOYMENT” is not a List C document, and accepting it is a substantive violation. The full current list lives at USCIS Acceptable Documents.

Supplement B: Reverification and Rehires

Supplement B handles three situations. The first is reverification when an employee’s work authorization expires. The second is a rehire within three years of the original Form I-9 date. The third is a legal name change, although recording the change is optional.

Reverification is required for employees whose work authorization has an expiration date, such as an H-1B worker, an F-1 STEM OPT student, or an asylee with an EAD. It is not required for U.S. citizens, lawful permanent residents who showed an unexpired green card, or for documents that proved identity only such as a driver’s license per the USCIS reverification rules in M-274 §5. The consequence of failing to reverify on time is that the employer continues to employ a worker without valid work authorization, which is a knowing-hire violation if the employer had constructive knowledge.

A common misconception is that a permanent resident card must be reverified when it expires. It must not. The card expires, but lawful permanent resident status does not, and asking for new documents is national-origin or citizenship-status discrimination per IER guidance.

Real-World Example: Kenji on STEM OPT

Kenji, an F-1 student, starts work on April 1, 2025, with an EAD expiring March 31, 2027. The employer notes the expiration date in Section 2. Around February 2027, the employer reminds Kenji to apply for a 24-month STEM OPT extension. Kenji files a timely Form I-765 and receives an automatic 180-day extension under the F-1 STEM OPT cap-gap rules. The employer completes Supplement B, recording the receipt notice and the new expiration date.

Special Workers: How to Handle Each Category

U.S. Citizens

A U.S. citizen checks box 1 in Section 1 and presents documents of their choice. The employer cannot ask for a passport even if the workplace is sensitive. Document choice belongs to the employee.

Lawful Permanent Residents

LPRs check box 3 and enter the A-Number. They typically present a green card under List A, but they may instead present a driver’s license plus an unrestricted Social Security card. The employer must accept the choice.

H-1B Workers and Portability

An H-1B worker presents a foreign passport with an I-94 endorsed for H-1B status, which is a List A document. Under AC21 portability, an H-1B worker can begin employment with a new employer upon filing of a non-frivolous H-1B petition.

Asylees and Refugees

Asylees and refugees check box 4 and may present an EAD, an I-94 with an asylee or refugee admission stamp, or other combinations. The Form I-94 with admission code RE for refugees is a receipt for Form I-9 purposes for 90 days under the receipt rule.

Remote Hires Using an Authorized Representative

Employers hiring remote workers may designate any responsible adult as an authorized representative to examine documents in person. Common choices are notaries, attorneys, or trusted contacts of the employee. The employer remains liable for any errors the representative makes, which is a critical consequence under USCIS remote-hire guidance.

E-Verify and the Alternative Remote Procedure

E-Verify is the free, internet-based system run by DHS and SSA that compares Form I-9 data against federal records. Enrollment is voluntary for most private employers but mandatory for federal contractors with the FAR E-Verify clause and for employers in states with universal E-Verify mandates such as Florida, Tennessee, Mississippi, Alabama, Arizona, Georgia, North Carolina, South Carolina, and Utah.

The alternative remote procedure is available only to E-Verify employers in good standing. The employer must examine front and back of documents over live video, retain clear copies, create an E-Verify case, and check the alternative procedure box on Form I-9. A common misconception is that the procedure replaces E-Verify case creation. It does not. It merely replaces physical inspection.

Florida E-Verify Mandate

Florida SB 1718 requires private employers with 25 or more employees to use E-Verify for new hires effective July 1, 2023. Penalties begin at $1,000 per day after a third violation. The consequence of noncompliance is also a one-year quarterly reporting requirement to the Florida Department of Economic Opportunity.

California A.B. 450 Limits

California Assembly Bill 450 prohibits California employers from voluntarily granting ICE access to nonpublic worksite areas without a judicial warrant and from reverifying employment eligibility outside the federal I-9 framework. Civil penalties run $2,000 to $10,000 per violation under the California Labor Code.

Three Real-World Scenarios

Scenario 1: Missing Section 2 During an ICE Audit

What The Employer Did	The Consequence
Forgot to complete Section 2 for a 2023 hire	Substantive violation, baseline fine $2,861 per form
Cooperated and self-corrected on receipt of Notice of Inspection	Fine reduced by mitigation factors under DOJ matrix
Refused to produce I-9s within three business days of NOI	Subpoena issued, fine enhanced for noncooperation

Scenario 2: Document Abuse Against a Lawful Permanent Resident

What The Employer Did	The Consequence
Demanded a green card from an LPR who offered a license and SSN card	IER charge for citizenship-status discrimination
Refused to reconsider after employee filed an IER complaint	Civil penalty plus back pay and instatement
Settled and adopted IER-approved I-9 training	Reduced penalty, monitoring agreement for two years

Scenario 3: Late Reverification of an EAD

What The Employer Did	The Consequence
Allowed an asylee to keep working 60 days after EAD expired without checking for an extension	Knowing-continued-employment violation
Discovered error during internal audit and reverified with auto-extended EAD	Cured, but unauthorized work period still exposed
Did not reverify until ICE audit two years later	Fine plus debarment from federal contracts

Mistakes to Avoid

• Backdating Section 1 or Section 2 to cover a missed deadline, which is fraud under 18 U.S.C. §1001
• Accepting a Social Security card stamped “NOT VALID FOR EMPLOYMENT,” which makes the I-9 substantively defective
• Photocopying documents inconsistently across employees, which signals discrimination during an audit
• Using white-out or erasing entries instead of striking through, dating, and initialing corrections per the USCIS correction guidance
• Failing to retain I-9s for the longer of three years after hire or one year after termination under 8 CFR 274a.2(b)(2)
• Reverifying lawful permanent residents whose green cards expire, which is per se citizenship-status discrimination
• Letting a manager who has not been trained in document examination complete Section 2

Dos and Don’ts of I-9 Compliance

Do train every Section 2 signer on document examination at least annually, because untrained signers cause the bulk of substantive errors. Do conduct an internal I-9 self-audit using the DOJ-DHS joint guidance on internal audits, because self-audits cure errors before ICE finds them. Do designate a single I-9 administrator, because consistency reduces errors. Do retain originals or compliant electronic copies in a separate file from personnel records, because separation speeds production during a Notice of Inspection. Do accept any valid document the employee chooses, because document abuse is its own violation.

Don’t pre-populate Section 1 from an applicant tracking system, because the employee must enter their own attestation. Don’t treat E-Verify as a substitute for Form I-9, because both are required for E-Verify employers. Don’t ask for additional documents when the original combination already proves identity and work authorization. Don’t store I-9s with medical or I-9-unrelated records, because mixing files makes redaction impossible during audits. Don’t ignore tentative nonconfirmations from E-Verify, because failure to notify the worker promptly is a separate violation.

Pros and Cons of Joining E-Verify

Pros include faster confirmation of work authorization, eligibility to use the alternative remote procedure, an extended STEM OPT benefit for student workers, and a defense to certain knowing-hire claims based on system confirmations. Joining can also satisfy state mandates and federal contracting requirements in one step.

Cons include increased exposure to data accuracy disputes, mandatory posting and notice requirements, the cost of training, and the risk of debarment for misuse. Employers also lose flexibility because they must run E-Verify on all new hires at participating worksites, not just selected employees, under the E-Verify MOU.

Penalties Under the 2025 Schedule

The Department of Justice publishes annual inflation adjustments. The current ranges in the 2025 civil monetary penalty rule are $288 to $2,861 per paperwork violation, $698 to $5,579 for first-tier knowing-hire offenses, and up to $28,619 per worker for repeat knowing-hire violations. Document abuse and unfair documentary practices run $230 to $2,304 per violation under the IER schedule.

In U.S. v. Employer Solutions Staffing Group, the Office of the Chief Administrative Hearing Officer affirmed substantial fines for staffing companies that delegated I-9 duties without training. The takeaway is that delegation does not transfer liability.

Recordkeeping and Retention

Employers retain each I-9 for the longer of three years after the date of hire or one year after the date of termination per 8 CFR 274a.2(b)(2). Storage may be paper, electronic, microfilm, or microfiche, but the system must meet the integrity, accuracy, and accessibility standards in 8 CFR 274a.2(e).

The consequence of premature destruction is that during an audit the employer cannot produce the form, which is treated as a substantive violation. A common misconception is that scanned copies are not enough. They are, if the imaging system meets the federal standards, including indexing and audit trails.

Anti-Discrimination Rules Around Form I-9

INA §274B prohibits four kinds of discrimination tied to the I-9 process. The first is citizenship-status discrimination against work-authorized people. The second is national-origin discrimination based on accent, name, or appearance. The third is unfair documentary practices, including demanding more or different documents than required. The fourth is retaliation against workers who assert their rights or file IER charges.

The Immigrant and Employee Rights Section investigates and litigates these claims. Civil penalties for unfair documentary practices range up to $2,304 per violation under the 2025 schedule, and victims can recover back pay. A common misconception is that asking every new hire for a green card is fair because it is consistent. It is not. Document choice belongs to the employee.

Frequently Asked Questions

Do I file Form I-9 with USCIS?

No. Employers retain Form I-9 in their own records and produce it only when ICE, the Department of Labor, or the Immigrant and Employee Rights Section serves a Notice of Inspection or subpoena.

Can an employee start working before completing Section 1?

No. Section 1 must be completed no later than the first day of employment for pay, and beginning work without an attestation creates an immediate substantive paperwork violation under federal regulations.

Can my employer choose which documents I present?

No. The employee chooses any acceptable combination from List A or List B plus List C, and demanding specific documents is unfair documentary practice under INA §274B.

Do I need a new I-9 when an employee’s green card expires?

No. Lawful permanent resident status does not expire even if the card does, and reverifying an LPR is citizenship-status discrimination prohibited by the IER.

Is the 08/01/2023 edition the only version I can use right now?

Yes. Since November 1, 2023, employers must use the 08/01/2023 edition for all new hires, although prior editions remain in force in active employee files.

Can I examine documents over Zoom?

Yes, but only if you are an E-Verify employer in good standing using the alternative remote procedure adopted in the DHS final rule and you check the alternative procedure box.

Do I complete an I-9 for an independent contractor?

No. True independent contractors who pass the IRS common-law test are not employees, and completing an I-9 for them creates confusion and possible discrimination exposure.

Must I keep I-9s separate from personnel files?

Yes. Best practice and DOJ guidance recommend separate storage so the employer can produce I-9s during an audit without exposing unrelated personnel records.

Are remote employees allowed to use a notary as authorized representative?

Yes. Any responsible adult can serve as an authorized representative, including a notary, but the employer remains fully liable for any errors the representative makes.

Can I correct an old I-9 mistake today?

Yes. Strike through the error, write the correct entry, initial, and date, then attach a memo explaining the correction, following USCIS guidance on corrections.

Do federal contractors have to use E-Verify?

Yes. Federal contractors with contracts containing the FAR E-Verify clause must enroll and run E-Verify on all new hires and existing employees assigned to the contract.

What happens if I receive a Notice of Inspection from ICE?

Yes, you must produce I-9s within three business days, and you should immediately retain immigration counsel to manage document production, employee notifications, and any negotiated penalty mitigation.