• The current version of Form I-9 - Employment Eligibility Verification is dated 01/20/25, which appears on the form’s bottom left corner, and is valid through May 31, 2027. Prior editions of the Form I-9 (dated 08/1/23) remain valid until their respective expiration dates.

For more information, visit the USCIS I-9 Central website.

• I-9 - Employment Eligibility Verification
• I-9 - Employment Eligibility Verification - Spanish
• I-9 - Employment Eligibility Verification - Instructions

• Only employers and employees in Puerto Rico can fill out the Spanish version of Form I-9. Spanish-speaking employers and employees in the 50 states and other U.S. territories can print the Spanish version of Form I-9 for their reference, but must complete the form in English to meet employment eligibility verification requirements.

This topic contains the following information:

• Employee Completes Section 1
• Employer Completes Section 2
• Documents in Lists A, B and C
• Validity of Documents
• Document Abuse
• California Drivers’ Licenses
• Retaining Form I-9 Records
• Electronic Storage of Form I-9
• Employer Resources Relating to Form I-9

Employee Completes Section 1

All employees may complete section 1 of the Form I-9 any time between accepting a job offer and the first day of work for pay by filling in the correct information and signing and dating the form — but they must complete this section by the first day of work for pay. You should review the form to ensure that the employee prints the information clearly.

• You may not ask an individual to complete section 1 before that person has accepted a job offer. Do not include the Form 1-9 with the job application. You can have your employees complete the form either on their first day of employment or before their first day if they have already accepted your job offer.

USCIS provides detailed instructions on completing the Form I-9. See the I-9 - Employment Eligibility Verification - Instructions. You must ensure that all pages of the instructions and Lists of Acceptable Documents are available, either in print or electronically, to all employees completing this form.

USCIS also offers an optional Form I-9 Employee Information Sheet that employers can make available to new employees. The form is intended to respond to common questions and prepare new employees to fill in section One of the Form I-9. The form is available in English and Spanish on the USCIS I-9 Central webpage.

If the employee cannot complete this section without assistance or a translator, someone may assist the employee. The preparer or translator must read the form to the employee, assist the individual in completing section 1 and ask the employee to sign or mark the form in the appropriate place. The preparer or translator must then complete Supplement A, the Preparer and/or Translator Certification for Section 1 of the Form I-9.. You are responsible for reviewing and ensuring that the employee fully and properly completes section 1.

You cannot ask a potential employee to provide you with a specific document with their Social Security number on it. Doing so may constitute unlawful discrimination. For information on verifying Social Security numbers, please see Employee Identification.

• According to the instructions for section 1 of the Form I-9, providing a Social Security number on a Form I-9 is voluntary, unless the employer participates in E-Verify. E-Verify requires a Social Security number. For more information on E-Verify, see E-Verify.

Employer Completes Section 2

Employers must examine an employee’s documents evidencing identity and employment eligibility and complete section 2 of the Form I-9 within three business days of the employee’s first day of work for pay. If you hire a person for fewer than three business days, both sections 1 and 2 of the Form I-9 must be fully completed no later than the first day of work for pay. You may examine an employee’s documents in person or via an alternative remote examination procedure recently established by the Department of Homeland Security (DHS) and described below.

The employee must be allowed to choose which document to present from the lists of acceptable documents found on the last page of the Form I-9. You must examine one document from List A or a combination of one from List B and one from List C. You must examine the original document(s) the employee presents and then fully complete section 2 of the Form I-9. Follow the specific instructions for section 2. For more information, see “Validity of Documents,” below.

If you choose to make copies of documents provided by employees, do so for all employees, regardless of national origin or citizenship status.

All documents used for Form I-9 verification must be unexpired. However, in some instances, a document that appears expired may be extended and acceptable to use. See USCIS I-9 Central for examples.

According to the USCIS, employers may designate an authorized representative, including personnel officers, foremen, agents or notaries public, to fill out Forms I-9 on behalf of their company. If you designate someone else to fill out a Form I-9 on your behalf, that individual must carry out all responsibilities for completing and signing the Form I-9, section 2. The employer is still liable for any violations in connection with the verification process. If you have remote hires, you may use an authorized representative to complete the Form I-9 process.

If you use a notary public to complete the Form I-9, the notary public is acting as your authorized representative and not as a notary. The notary public must perform the same required actions as an authorized representative, and should not provide a notary seal on the Form I-9.

• In California, only notaries registered by the California Secretary of State and bonded as immigration consultants under the Business and Professions Code may assist someone in performing the verification tasks in connection with completing a Form I-9. Completion of the Form I-9 by someone who is a notary and not also an immigration consultant is prohibited. Make sure any notary you use is a qualified agent.1

The person who examines the documents must be the same person who completes and signs section 2.

Form I-9 Remote Document Examination

The DHS created an alternative examination procedure that allows qualified employers who are enrolled in E-Verify to verify Form I-9 documents electronically through a live video call.

The new rule only allows “participants in good standing in E-Verify” to use the alternative procedure. Being in “good standing” means that the employer:

• Has enrolled in E-Verify for all of its hiring sites in the United States;
• Complies with all E-Verify program requirements, such as completing the required E-Verify tutorial that includes fraud awareness and anti-discrimination training; and
• Continues to be a participant in good standing in E-Verify at any time during which the employer uses the alternative procedure.

Operated by the USCIS and the Social Security Administration, E-Verify is a free, web-based system that allows employers to electronically confirm their employees’ employment eligibility by comparing information from their Form I-9, Employment Eligibility Verification against federal government databases. For more information, see E-Verify.

Under the alternative procedure, employers must still inspect documents within three business days of the employee’s first day of work, but a qualified employer (or an authorized representative acting on the employer’s behalf) doesn’t need to physically examine Form I-9 documents. Instead, the DHS rule states employers can use the alternative procedure, but only if they:

1. Examine copies (front and back, if the document is two-sided) of Form I-9 documents or an acceptable receipt to ensure that the documentation presented reasonably appears to be genuine. The documents that the employee transmits must be the same documents that will be presented during the live video interaction.
2. Conduct a live video interaction with the individual presenting the document(s) to ensure that the documentation reasonably appears to be genuine and related to the individual.
3. Indicate on the revised Form I-9 (edition 08/01/23), by checking the corresponding box, that an alternative procedure was used to examine documentation to complete Section 2 or for reverification, as applicable.
4. Retain, consistent with applicable regulations, a clear and legible copy of the documentation (front and back if the documentation is two-sided). This is an important requirement because employers who aren’t using E-Verify are not required to keep copies of documentation and simply have the option to retain copies.
5. In the event of a Form I-9 audit or investigation by a relevant federal government official, make available clear and legible copies of the identity and employment authorization documentation presented by the employee for document examination in connection with the employment eligibility verification process.

If an employee is unable or unwilling to submit documentation using the alternative procedure, the employer must allow that employee to submit documentation for physical examination.

Employers using the alternative procedure must do so consistently for all employees at an E-Verify hiring site. However, an employer may choose to offer the alternative procedure for remote hires only but continue to apply physical examination procedures to all employees who work onsite or in a hybrid capacity - so long as the employer doesn’t do so for a discriminatory purpose, such as treating employees differently based on citizenship, immigration status or national origin.

Documents in Lists A, B and C

Employees may present you with documents that prove:

• Both identity and employment authorization (List A);
• Identity only (List B); or
• Employment authorization only (List C).

You must physically examine either:

• One document from List A; or
• A combination of one document from List B and one document from List C.

The last page of the Form I-9 identifies the specific documents that may be presented from Lists A, B and C.

Illustrations of many of the documents can be found on the USCIS I-9 Central website.

• Employers should refer to the Form I-9 to determine if documents the individual is presenting are acceptable. Employers with questions should consult USCIS or an employment or immigration attorney. You can also use the I-9 - Employment Eligibility Verification - Instructions.

Acceptable documents are grouped into three categories:

• List A contains documents that show both identity and employment authorization. If an employee presents a List A document, do not ask for any other documents.
• List B documents show identity only. An employee presenting a List B document must also present a List C document.
• List C documents show employment authorization only. An employee presenting a List C document must also present a List B document.

For information on California driver’s licenses and the Form I-9 process, see “California Drivers’ Licenses,” below.

Receipts

Sometimes to complete Form I-9 ’s section 2 or Supplement B (reverification), an employee may need to present an acceptable receipt that’s valid for a short period of time in lieu of a List A, List B or List C document. Presenting a receipt only temporarily satisfies the requirements of section 2. See section 2 of the I-9 - Employment Eligibility Verification - Instructions for an explanation of when a receipt can be acceptable and how to record it on the Form I-9.

There are only 3 types of acceptable receipts:

• A receipt showing that your employee has applied to replace a document that was lost, stolen or damaged;
• The arrival portion of Form I-94/I-94A (Arrival-Departure Record) with a temporary Form I-551 stamp and a photograph of the individual;
• Departure portion of Form I-94/I-94A with a refugee admission stamp or computer-generated printout of Form I-94 with admission code “RE.”

When your employee provides an acceptable receipt for initial verification, USCIS says you should:

• Record the document title in section 2 under List A, List B or List C, as applicable.
• Enter the word “receipt,” the document title and number and the last day the receipt is valid.

After the receipt expires, you should:

• Cross out the word “receipt” and any accompanying document number.
• Record the number and other required document information from the actual document presented.
• Initial and date the change.

Employers cannot accept receipts if employment will last less than three business days. For more information on acceptable receipts, refer to the Handbook for Employers, Instructions for Completing the Form I-9 (M-274).

Validity of Documents

According to the USCIS, you must accept any documents from the USCIS lists of acceptable documents (found on the last page of the Form I-9 ) as long as they:

• Are unexpired;
• Reasonably appear to be genuine; and
• Relate to the person presenting them.

If these criteria are met, you comply with the verification requirements for document examination. You are not required to further investigate these documents.

If you knew, should have known or have reason to know that the employee was not authorized to work or that the documents are false, you will be held liable. USCIS regulations define “knowing” as:

“... including not only actual knowledge, but also constructive knowledge ... knowledge which may fairly be inferred through notice of certain facts and certain circumstances which would lead a person, through the exercise of reasonable care, to know about certain conditions.”

Employers cannot specify which document(s) they will accept for verification, as long as they are on the lists of acceptable documents.

• Employees may choose which document(s) they wish to present from the lists of acceptable documents.

Document Abuse

The Immigration and Nationality Act’s anti-discrimination protections prohibit unfair documentation practices during the Form I-9 process.

These practices, also known as document abuse, occur when employers treat individuals differently on the basis of national origin or citizenship status in the Form I-9 process, according to the USCIS Handbook for Employers, Guidance for Completing the Form I-9 (M-2740). Document abuse can be broadly categorized into four types of conduct:

• Improperly requesting that employees produce more documents than are required by Form I-9 to establish the employee’s identity and employment authorization;
• Improperly requesting that employees present a particular document, such as a “green card,” to establish identity and/or employment authorization;
• Improperly rejecting documents that reasonably appear to be genuine and relate to the employee presenting them; and
• Improperly treating groups of applicants differently when completing Form I-9, such as requiring certain groups of employees who look or sound “foreign” to present particular documents the employer doesn’t require other employees to present.

California law also prohibits employers from:

• Asking for more or different documentation than is required by the Form I-9.
• Refusing to accept documents that reasonably appear genuine on their face.
• Refusing to honor documents or work authorization based on the specific status (or terms of status) that accompanies the authorization to work, such as refusing to accept an employment authorization document because it has a future expiration date.
• Attempting to reinvestigate or reverify an existing employee’s authorization to work using an unfair immigration-related practice or in a manner prohibited by federal law, such as reverifying a worker’s authorization after valid documents were presented at the time of hire and the documents are unexpired.

Violators can be subject to a penalty of up to $10,000 per violation under California law, in addition to federal penalties.2

California also protects workers against “unfair immigration practices” taken in retaliation for a worker exercising rights protected under the California Labor Code. Retaliation includes unfair documentation practices.3 For more information see ”Unfair Immigration-Related Practices” in Immigrant Workers and Discrimination/Retaliation Protection.

In addition, California employers may not discharge an employee or in any manner discriminate, retaliate or take any adverse action against any employees who update or attempt to update their personal information based on a lawful change of name, Social Security number or federal employment authorization document.4

• Workers in California are entitled to California’s Labor Code protections regardless of whether they’re legally authorized to work in the United States. If you hire unauthorized employees, you must pay them and follow state labor laws.

California Driver’s Licenses

The California Department of Motor Vehicles (DMV) is required to issue a driver’s license to an undocumented person who can prove identity and California residency and meet all other licensing requirements, such as the written and behind-the-wheel exams. These are commonly referred to as “AB 60 licenses,” after the legislation authorizing their issuance.5

The Vehicle Code states that this driver’s license will include a recognizable feature on its front, such as the letters “DP” instead of “DL.” The license will also contain the following notice: “This card is not acceptable for official federal purposes. This license is issued only as a license to drive a motor vehicle. It does not establish eligibility for employment, voter registration, or public benefits.”6

DMV regulations set forth the documents a driver’s license applicant must provide to prove identity and residence and obtain a license. Visit the DMV website for more information.

You may not discriminate against individuals who hold or present a license issued under AB 60. Both the Vehicle Code and the Government Code provide that it’s a violation of the state’s Fair Employment and Housing Act (FEHA) for an employer to discriminate against an individual because they have an AB 60 driver’s license. In fact, it will be considered national origin discrimination under FEHA.7 For more information see Immigrant Workers and Discrimination/Retaliation Protection.

For employers who hire commercial drivers, AB 60 states that its provisions do not authorize individuals to apply for, or be issued, commercial driver’s licenses without submitting their Social Security number with the application.

Use of California Driver’s License for Form I-9 Purposes

California driver’s licenses, including AB 60 driver’s licenses, are an acceptable List B document for showing identity only. For more information, see ”Documents in List A, B, or C” on this page. Also see the I-9 - Employment Eligibility Verification - Instructions.

A driver’s license (regular or AB 60 license) does not alone establish authorization to work;8 it only establishes identity (List B). The worker must also present an acceptable, unexpired document from List C to establish employment authorization.

While you cannot discriminate against someone holding or presenting an AB 60 license, the law recognizes that employers have the right and obligation to obtain documentation evidencing identity and authorization for employment.9 Actions taken by an employer that are required to comply with federal I-9 verification requirements under the Immigration and Nationality Act (INA) don’t violate California law.

• A worker with an AB 60 license may have documents to verify employment eligibility and complete the I-9 requirements. If the employee can provide such documentation, you cannot discriminate against the worker just because at some point the worker showed you an AB 60 license. Consult legal counsel with any questions.

In an FAQ addressing the use of the California AB 60 license during the I-9 process, the USCIS confirmed that employers must accept AB 60 licenses presented by individuals as List B documents, as long as the license appears to be genuine, relates to the individual and otherwise meets Form I-9 requirements.

You can view this FAQ, and others from the USCIS website.

• Employers with questions regarding AB 60’s impact on their workforce and I-9 compliance should consult an immigration and/or employment attorney.

Employers should also be aware of restrictions on an employer’s ability to require a person to present a California driver’s license.10 For more information see “Requesting a Drivers’ License” in Employee Identification.

Compliance with these different laws can be challenging. There are unanswered questions regarding the implementation of AB 60 and any potential conflicts with federal law.

Retaining Form I-9 Records

You must retain Form I-9 records for as long as you employ the individual. Once the individual’s employment terminates, you must retain the form for at least three years from the date of hire or one year from the date of termination, whichever is longer. If copies of documentation presented by the employee are made, those copies must also be retained.

Keep the I-9 - Employment Eligibility Verification and supporting documents in a safe, secure location separate from the employee’s personnel file. One approach is to keep one set of binders of I-9 s for all active employees and one set of binders for non-active employees. The information should only be used for Form I-9 purposes.

• Don’t retain incomplete forms as it may subject you to fines and penalties. Use the I-9 Retention form to determine how long to keep employees’ completed Form I-9.

You must make these documents available for USCISinspection within three days of a request for lawful inspection. You face civil penalties for violating these record-keeping requirements, ranging from $230 to $2,292 for each infraction.

• I-9 Retention

Electronic Storage of Form I-9

Employers may use a paper system, an electronic system or a combination of paper and electronic systems to store Forms I-9.

The federal regulations set standards for employers who want to retain Forms I-9 electronically. Employers must retain copies in a system that includes:

• Reasonable controls to ensure the integrity, accuracy and reliability of the electronic generation or storage system;
• Reasonable controls designed to prevent and detect the unauthorized or accidental creation of, addition to, alteration of, deletion of or deterioration of an electronically completed or stored Form I-9;
• An inspection and quality assurance program evidenced by regular evaluations of the electronic generation or storage system, including periodic checks of electronically stored Form I-9;
• In the case of electronically retained Forms I-9, a retrieval system that includes an indexing system that permits searches consistent with the requirements of the federal regulations; and
• The ability to reproduce legible and readable hardcopies.11

For more detailed information about requirements for electronic generation and retention of Forms I-9, see USCIS Handbook for Employers, Guidance for Completing the Form I-9 (M-274).

Though the regulations allow you to choose between paper and electronic systems, employers should apply consistent policies and procedures to all employees to avoid claims of discrimination.

Providing an electronic version of Form I-9 doesn’t eliminate your obligation to examine employee-provided documentation prior to completing the Form I-9.

According to the Form I-9 instructions, Form I-9 may be generated, signed, and retained electronically, in compliance with Department of Homeland Security (DHS) regulations, which provide that if a Form I–9 is completed electronically, the attestations in Form I–9 must be completed using a system for capturing an electronic signature that meets the following requirements:

• The system used to capture the electronic signature must include a method to acknowledge that the attestation to be signed has been read by the signatory. 
• The electronic signature must be attached to, or logically associated with, an electronically completed Form I–9. In addition, the system must:
• Affix the electronic signature at the time of the transaction;
• Create and preserve a record verifying the identity of the person producing the signature; and
• Upon request of the employee, provide a printed confirmation of the transaction to the person providing the signature. 12

If you choose to use an electronic signature to complete Form I-9 but do not comply with these standards, DHS may determine that you have not properly completed Form I-9 and are in violation of the law.

• Employers should exercise caution when using electronic signatures and storage in their Form I-9 practices and consult with legal counsel to ensure they’re practices comply with the law.

Employer Resources Relating to Form I-9

USCIS publishes the Handbook for Employers, Instructions for Completing the Form I-9 (M-274) for employers to consult for additional information on verifying employment eligibility. You can download the handbook from the USCIS website.

Employers with immigration-related employment issues can call the Department of Justice’s Immigrant and Employee Rights Section (IER) toll-free Employer Hotline at (800) 255-8155, or email questions to ier@usdoj.gov.

You can download USCIS guidance intended to help employers perform their own internal Form I-9 audits.

• Before you begin your internal audit, you may want to consider engaging an attorney with experience in Form I-9 compliance to assist with or conduct the audit especially given California’s restrictions on unlawful immigration practices and limits on reverification. If you anticipate significant problems with your Forms I-9 or anticipate difficulties correcting problems you find, it may be beneficial to have the assistance of legal counsel during the process.

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1. Government Code sec. 8223(c); Business and Professions Code secs. 22440-22449

2. Lab.Code secs. 1019.1, 1019.2

3. Lab. Code sec. 1019

4. Lab. Code sec. 1024.6

5. Vehicle Code sec. 12801.9

6. Vehicle Code sec. 12801.9(d)

7. Vehicle Code sec. 12801.9(h)(2); Government Code sec. 12926

8. Vehicle Code sec. 12801.9 (d)(2); 8 U.S.C. sec. 1324a

9. Vehicle Code sec. 12801.9(h)(2)(B)

10. Vehicle Code sec.12801.9(h)(2)

11. 8 CFR sec. 274a.2(e)

12. 8 CFR sec. 274a.2(h)