Form I-9 Explained: Purpose, Process & 2025 Updates

Form I-9: Key Takeaways

• Employers must complete Form I-9 for every hired employee to verify their identity and work authorization
• To fill out the form, download the latest version, follow official instructions, have the employee complete Section 1 and present original documents, then complete Section 2
• To stay compliant, fill out each section correctly, use only original documents, and stick to completion deadlines

As an employer, you must fill out Form I-9 for every employee you are hiring. Small errors can add up to hefty fines reaching thousands of dollars per form.

We get it: the process can feel complicated.

That’s why, we’ll break down:

• What the Form I-9 is
• The step-by-step process for completing it correctly
• Which documents your employees must present
• Common mistakes to avoid
• 2025 updates every employer should know

Form I-9 Explained

Form I-9, Employment Eligibility Verification, is a document filed by U.S. employers for each employee they hire, regardless of whether they are U.S. citizens or foreign workers.

The aim is to verify:

• The person’s identity
• That they’re legally allowed to work in the United States

The I-9 protects employers from hiring unauthorized workers and helps the government enforce immigration and employment laws.

Form I-9 is filled out by both the employer and employee within a set timeframe:

• The employee is required to complete Section 1 by their first day of employment.
• The employer must complete Section 2 within three business days of the employee’s start date.

For example, if you hire a worker who starts on Monday, you must finish Section 2 by Thursday.

As an employer, you must retain each I-9 for a set period:

• Three years after the hire date, OR
• One year after employment ends, whichever is later.

Step-By-Step Instructions For Completing Form I-9

So how does the completion of Form I-9 work?

1. Download The Right I-9 Form & Instructions

• Go to the U.S. Citizenship and Immigration Services (USCIS) website.
• Download the latest version of the form (Always check the expiration date in the top right corner).
• Read Form I-9 instructions carefully to ensure both you and the employee complete it correctly.

2. Ask The Employee To Fill Out Section 1

• Ask them to add their full legal name, address, date of birth, immigration status, and signature.
• Request to see original, unexpired documents that prove identity and work authorization.

If an employee needs help to complete section 1, ask the person who’s helping to fill out Supplement A, stating their name and address.

3. Fill Out Section 2

• Physically examine the documents to ensure they appear genuine and relate to the employee.
• Record the document details, such as title, issuing authority, number, and expiration date.
• Sign Section 2 to confirm you have reviewed the documents.

4. Fill Out Supplement B For Reverification And Rehire

You can file Supplement B instead of filling out a new I- 9 to:

• Reverify employment authorization when an employee’s work authorization expires, and they provide a new document. For example, if your employee’s EAD expires on August 1, 2025, and they give you a new one, you must complete Supplement B by that date to stay compliant.
• Rehire an employee within 3 years of the original hire date.
• Record a legal name change.

Required I-9 Documents

To prove identity and employment authorization, employees must present certain documents that you, as an employer, must examine. This includes”

• One document from List A,
  OR
• One document from List B plus one from List C

All documents must be valid and unexpired when presented.

If a document has been officially extended by the issuing authority, you will treat it as unexpired.

List A examples include:

• U.S. Passport or U.S. Passport Card
• Permanent Resident Card (Green Card, Form I-551)
• Employment Authorization Document (EAD) with photo (Form I-766)
• Foreign passport with a valid U.S. visa and Form I-94, Arrival/Departure Record

List B examples include:

• State-issued driver’s license or ID card with photo
• Federal, state, or local government ID card with photo
• School ID card with photo
• Voter registration card
• U.S. military card or draft record

List C examples include:

• Social Security card
• Original or certified copy of a birth certificate issued by a U.S. state, county, or municipal authority
• Certification of Birth Abroad (Form FS-545) or Consular Report of Birth Abroad (Form FS-240)
• U.S. Citizen ID Card (Form I-197)
• DHS-issued employment authorization document (that doesn’t fall under List A)

If the process and accompanying documents are too overwhelming, contact an experienced business immigration attorney.

They will help you ensure you have all documents completed correctly and checked to avoid potential issues and fines.

Common Mistakes When Filling Out Form I-9 & Tips To Avoid Them

Completing Form I-9 may seem simple, but small errors can lead to costly fines if your business is audited by the U.S. Immigration and Custom Enforcement (ICE) or U.S. Department of Homeland Security (DHS).

What exactly are we talking about?

Missing Deadlines

A serious mistake is when:

• The employee does not complete Section 1 by their first day of work.
• You fail to fill out Section 2 within three business days of the employee’s start date.

To avoid this, use a new hire checklist and calendar reminders to stay on top of deadlines.

Accepting Expired Documents

Another thing to watch out for is expired passports, IDs, or work permits.

Double-check expiration dates when reviewing documents.

Accepting Photocopies Instead Of Originals

A frequent slip-up happens when employers accept scans or photocopies.

Check the original in person or use an authorized remote inspection process under E-Verify.

Leaving Incomplete Or Inaccurate Sections

One common oversight is leaving blank fields in Section 1 or forgetting to list document numbers or issuing authorities in Section 2.

Review each section line by line before filing it away.

Making Corrections Incorrectly

Don’t use correction fluid like white-out or scribble over mistakes.

If you’ve made an error on Form I-9:

• Draw a single line through the error.
• Enter the correct information.
• Initial and date the correction.

2025 Updates & Compliance Requirements For Form I-9

In April 2025, USCIS introduced updates to Form I-9 and E-Verify, the most important of which are:

• The new edition date for Form I-9 is 01/20/25, with an expiration date of 05/31/2027.
• If you are using the 08/01/23 edition, you must update your electronic systems with the new expiration date by July 31, 2026.
• The fourth checkbox in Section 1 is now renamed to “An alien authorized to work” (instead of “A noncitizen authorized to work”).
• The instructions now include updated statutory language and a revised DHS Privacy Notice.
• If an employee uses “A noncitizen authorized to work” on the form, you must choose “An alien authorized to work” in E-Verify.
• E-Verify cases will show the updated status even if older form editions display “A noncitizen authorized to work.”
• E-Verify+ users will see the new edition date and expiration date on Form I-9NG.

Need Help With Form I-9? Call Spar & Bernstein

With more than 60 years of experience, the knowledgeable and compassionate team at The Law Offices of Spar & Bernstein helps businesses stay compliant with all employment verification requirements.

Here’s how we can help:

• Review your current I-9 processes and spot errors before they become liabilities.
• Train your team to complete, store, and reverify I-9s.
• Provide guidance on remote document verification and E-Verify updates.
• Assist during government audits or site visits.

Gain trusted legal support, protect your business, and get peace of mind with Spar & Bernstein.

Form I-9: FAQs

Can I complete Form I-9 before a job offer is accepted?

No, you cannot complete Form I-9 until after the employee has accepted a job offer. The employee must complete Section 1 by their first day of work, and you must complete Section 2 within three business days of the start date.

Do I send Form I-9 to USCIS?

No, and this surprises many employers. Form I-9 stays in your records. Keep it on file in case ICE or DHS requests it.

Do I need to keep copies of the employee documents?

No, keeping copies is optional. But if you choose to, you must do so for all employees.

Can I accept photocopies?

No, always examine original documents.