Form I-9: US Employment Eligibility Verification Explained
Who fills out I-9 and when
Every US employee hired after November 6, 1986 must have an I-9 on file. The form has two sections that must be completed on a strict timeline:
- Section 1 (Employee): completed by the employee on or before their first day of work. They attest to their citizenship/work-authorized status.
- Section 2 (Employer): completed by the employer within 3 business days of the employee's first day. The employer physically inspects original documents and certifies the employee is work-authorized.
What documents are acceptable
Employees must present one document from List A (establishes both identity + work authorization, e.g., US passport, permanent resident card) OR one from List B (identity, e.g., driver's license) plus one from List C (work authorization, e.g., Social Security card, birth certificate).
The full lists are on the USCIS I-9 form itself. Employers cannot specify which documents the employee must present.
How long to keep I-9 records
Retain I-9 forms for the longer of:
- 3 years after the date of hire, OR
- 1 year after the date employment ends
Best practice: keep all active employees' I-9s on file separate from personnel records (so they can be quickly produced if an audit is requested).
Penalties for I-9 violations
I-9 fines can be substantial. As of 2026:
- Paperwork violations: $281–$2,789 per form
- Knowingly hiring unauthorized workers: $698–$27,894 per worker
- Pattern or practice violations: criminal penalties + fines
ICE audits typically focus on completeness, timeliness, and proper document inspection.
E-Verify
E-Verify is an optional (or mandatory in some states/industries) electronic system that checks employee information against DHS and SSA databases. Some states (AZ, MS, SC, TN, others) and federal contractors require E-Verify. MyCo integrates with E-Verify for one-click enrollment.
Related terms
W-4 Federal Withholding →FLSA →1099 vs W-2 →FICA →
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Is I-9 required for remote employees?
Yes. The I-9 process is the same, but Section 2 can be completed by an authorized representative who physically examines documents (a notary, manager, HR rep, etc.). The COVID-era remote verification flexibility ended; in-person inspection is now required again unless using DHS's alternative procedure (which requires E-Verify enrollment).
What if an employee can't produce documents within 3 days?
Federal law allows a 3-business-day window. If documents aren't provided, the employer cannot continue employing the worker. Some grace periods apply for receipt verification of lost documents (90 days max).
Can I copy and store I-9 documents?
It's optional. If you copy documents, you must do so for ALL employees consistently to avoid discrimination claims. If copies are kept, store them with the I-9 form. Many employers choose NOT to copy documents to reduce risk.
What is a "reverification"?
For employees with limited work authorization (e.g., H-1B, F-1 OPT), employers must re-verify before the expiration date listed on the I-9. Section 3 of the I-9 is used for this.
Does MyCo handle I-9?
Yes. MyCo's digital onboarding completes Section 1 on the employee's phone before Day 1. Section 2 is completed via secure document upload + manager verification. We track expiration dates for reverification automatically and integrate with E-Verify on request.