Form I-9 & E-Verify

Every U.S. employer must verify that new employees are allowed to work in the United States by completing Form I-9. Some employers also use E-Verify. The rules protect workers from discrimination, and they don't let employers ask for extra papers, pick which documents you show, or retaliate against you.

• New Hires
• Workers
• Employers & HR

What Form I-9 is

• Form I-9, Employment Eligibility Verification, is required for all employees hired in the U.S. (citizens and noncitizens), including part-time and seasonal workers. It's not required for independent contractors, though misclassification is a separate issue. See Misclassification.
• Section 1 is completed by you, no later than your first day of work for pay. You provide your name, address and attest to your citizenship or work authorization status.
• Section 2 is completed by the employer within 3 business days of your start date, after looking at your original documents.
• The employer must keep the form for 3 years after the hire date or 1 year after employment ends, whichever is later, and make it available for inspection.
• You provide original documents (not photocopies), unless you present a certified copy of a birth certificate. Some employers use approved alternative procedures for remote examination.

Acceptable documents: your choice

You choose which acceptable documents to show. The employer can't tell you which ones to present.

• List A: one document that shows both identity and work authorization, such as a U.S. passport, permanent resident card or employment authorization document.
• or List B + List C: one identity document (driver's license, state ID, school ID with photo) and one work authorization document (Social Security card without work restrictions, birth certificate).
• The official Form I-9 lists all acceptable documents. Documents must look genuine and relate to you; the employer isn't expected to be a document expert.
• If your document expires, the employer must ask for reverification of work authorization only for documents that expire, but never for U.S. citizens' or permanent residents' documents.

E-Verify

• E-Verify is an online system, run by the Department of Homeland Security and the Social Security Administration, that compares information from the I-9 with government records.
• It's voluntary for most employers under federal law, but required for federal contractors and subcontractors in many cases and by some states for some or all employers.
• The employer must run the check after the offer and after the I-9 is completed, within 3 business days of the start date, and not to pre-screen applicants.
• If E-Verify shows a “Tentative Nonconfirmation”, the employer must tell you in private, give you written notice, and let you contest it. You can keep working while you contest. The employer can't fire, suspend or otherwise punish you because of a tentative mismatch.
• Contest within the time given at an SSA office or DHS. Many mismatches come from name changes, typos, or outdated records.

Discrimination and your rights

• Employers can't discriminate because of your citizenship status or national origin in hiring, firing or the I-9 process. This is enforced by the Justice Department's Immigrant and Employee Rights Section (IER).
• It's illegal for employers to ask for more or different documents than required, to refuse valid documents that look genuine, or to demand particular documents (“document abuse”).
• It's illegal to retaliate against you for asserting these rights or reporting problems, or for filing a charge. See Wrongful Termination.
• Workplace safety, minimum wage, overtime and many other labor rights apply regardless of immigration status. See Immigrant Workers' Rights and Wage Theft.
• Your Social Security number is only needed for the I-9 if the employer uses E-Verify, otherwise it's optional on the form (you still need it for payroll and taxes).

If something goes wrong

• Keep copies of any notices and write down what was asked and said.
• Contact the DOJ IER worker hotline (1-800-255-7688) or the EEOC for discrimination, and the Department of Labor Wage and Hour Division for pay problems. Interpreters are available. See Where to Get Help.
• Talk to a legal aid group, workers' center or immigration attorney. Be careful about “notarios” and unlicensed helpers who aren't lawyers.
• You can contact agencies about safety or pay problems without revealing your status in many cases; ask a trusted advocate first.

I-9 and E-Verify checklist

• I completed Section 1 by my first day and chose my own documents
• The employer completed Section 2 within 3 business days
• I wasn't asked for extra documents or particular ones
• If E-Verify shows a mismatch, I received notice and may contest it while I keep working
• I know where to report discrimination or retaliation

Last updated: October 5, 2026