Form I-9 and E-Verify: what employers must do

Who needs a Form I-9

Every employee you hire to work in the United States, whether they are a US citizen or not. You keep the form yourself. USCIS says plainly: do not file the Form I-9 with USCIS or with Immigration and Customs Enforcement (ICE).

You do not need a Form I-9 for:

• Independent contractors, or workers employed by a contractor or staffing agency (the agency completes the form for its own employees).
• People who are not physically working in the US.
• Casual domestic workers in a private home on a sporadic, irregular or intermittent basis.
• Employees hired on or before November 6, 1986 who have stayed in continuous employment.

Deadlines

Acceptable documents: Lists A, B and C

The employee shows either one document from List A, or one document from List B plus one from List C. The employee chooses which documents to present. You must accept documents that reasonably appear genuine and relate to the person, and you cannot ask for a specific one. USCIS warns that requiring specific documents can be unlawful discrimination.

Receipts for a lost, stolen or damaged document are acceptable. Documents must be originals, with one exception: a certified copy of a birth certificate. See the full list on USCIS Acceptable Documents.

Remote hires and the alternative procedure

The standard rule is that you, or an authorized representative acting for you, examine the documents in the employee's physical presence. For remote hires, many employers ask a trusted person near the employee to act as their authorized representative.

Employers enrolled in E-Verify and in good standing at the hiring site can use the DHS-authorized alternative procedure instead:

1. Examine copies of the documents (front and back if two-sided) to make sure they reasonably appear genuine and relate to the employee.
2. Hold a live video call with the employee, with the same documents, to confirm the same thing.
3. Check the alternative procedure box in Section 2 of the Form I-9.
4. Keep a clear copy of every document examined, front and back.

If you offer remote examination at a site, you must offer it consistently to all employees there. You may offer it to remote hires only while examining documents in person for onsite and hybrid staff, as long as you do not do so in a discriminatory way.

Use the current edition of the form

The current Form I-9 has an edition date of 01/20/25 and an expiration date of 05/31/2027. USCIS also accepts the 08/01/23 edition that shows an expiration date of 05/31/2027. The 08/01/23 edition that shows an expiration date of 07/31/2026 was valid only until that date, and electronic I-9 systems had to move to the 05/31/2027 version by 07/31/2026. All pages of a completed form must come from the same edition. Check the edition date at the bottom of each page.

Reverification and retention

Reverify (on Supplement B) when an employee's work authorization, or the document that shows it, expires. The employee may present any unexpired List A or List C document; they do not have to show the same type again. Do not reverify US citizens, noncitizen nationals, permanent residents who presented a Permanent Resident Card (Form I-551), or any List B identity document.

Keep each Form I-9 for 3 years after the date of hire or 1 year after employment ends, whichever is later. In practice: someone who worked for you less than 2 years, keep it 3 years from the hire date; someone who worked longer, keep it 1 year after they leave. Never discard a current employee's form. USCIS recommends keeping I-9s apart from personnel files. See how long to keep employee records.

E-Verify: when it is required

E-Verify is a free online service run by USCIS that checks the information on a Form I-9 against government records. Under federal law it is voluntary for most employers. It is mandatory for employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause, and for employers covered by a state E-Verify law. Two examples:

• Florida: since July 1, 2023, private employers with 25 or more employees must use E-Verify for new employees, verify within 3 business days after the employee starts working for pay, and keep the documents and verification for at least 3 years (Florida Statutes 448.095).
• Georgia: private employers with more than 10 employees must register for and use E-Verify, and attest to it when applying for a business license, occupational tax certificate or other document needed to operate (O.C.G.A. 36-60-6). For the count, include every employee company-wide who works at least 35 hours a week.

Other states have their own rules, so check your state before you rely on the federal default. If you use E-Verify, the Form I-9 always comes first, and the employee must give their Social Security number in Section 1 (it is otherwise optional).

Common questions

Sources

1. USCIS: Form I-9, Employment Eligibility Verification
2. USCIS Handbook for Employers M-274, 4.0 Completing Section 2
3. USCIS: Form I-9 Acceptable Documents
4. USCIS: Remote Examination of Documents (Optional Alternative Procedure)
5. USCIS: Completing Supplement B, Reverification and Rehires
6. USCIS Handbook for Employers M-274, 10.0 Retaining Form I-9
7. USCIS: Exceptions (who does not need a Form I-9)
8. E-Verify: Verification Process
9. E-Verify: I am an employer, how do I use E-Verify? (E4)
10. Florida Statutes 448.095, Employment eligibility
11. Georgia Department of Law: Private Employer Affidavit under O.C.G.A. 36-60-6(d)

Last reviewed October 2, 2026. This page is general information, not legal advice. Laws change and exceptions apply, so check the sources above or an employment lawyer before you act on a specific case.

Related

• New employee onboarding checklist (the paperwork you need)→
• New hire reporting: what to report and when→
• How long do you have to keep employee records?→
• HR laws in Florida→
• HR laws in Georgia→
• How MambaHR handles onboarding→