Every U.S. employer must complete Form I-9 for every employee they hire. The form verifies an employee's identity and authorization to work in the United States.
USCIS has published two editions of the I-9 form that are currently valid in 2026:
Both editions function the same way, but we recommend using the 01/20/2025 edition for all new hires. It reflects the latest terminology updates from USCIS and will keep your records current through 2027. Always check the expiration date printed in the upper-right corner before completing any new I-9.
Download the Current Form I-9 (PDF) from USCIS
This guide covers what changed in the latest edition, how to complete each section, current penalty amounts, the remote verification rule, and how to stay compliant in 2026.
USCIS published a revised Form I-9 with an edition date of January 20, 2025. The changes are relatively minor compared to the major August 2023 overhaul, but they matter for compliance:
The attestation checkbox in Section 1, Box 4 was changed from "A noncitizen authorized to work" back to "An alien authorized to work." This reversal aligns with the statutory language in the Immigration and Nationality Act (INA). Employees selecting this box should use the updated terminology on the 01/20/2025 form.
If you have I-9s completed on the 08/01/2023 form with the "noncitizen" language, those forms are still valid. You do not need to redo them.
The descriptor for List B identity documents was updated from "gender" to "sex" to align with federal terminology standards.
The new form expires 05/31/2027. The previous 08/01/2023 edition also remains acceptable through its printed expiration date. Always check the expiration date in the upper-right corner of the form before using it.
The core structure of Form I-9 did not change in this edition. Section 1, Section 2, Supplement A (Preparer/Translator Certification), and Supplement B (Reverification and Rehires) all function the same way. Acceptable documents (Lists A, B, and C) are unchanged. The remote examination procedure rules are unchanged.
Form I-9 has two main sections and two supplements:
Who completes it: The employee (or a preparer/translator on the employee's behalf).
Deadline: Must be completed no later than the first day of employment — the day the employee starts work for pay.
The employee provides their full legal name, address, date of birth, and Social Security number (optional unless the employer participates in E-Verify). They then attest to their citizenship or immigration status by selecting one of four boxes:
The employee signs and dates the form. If a preparer or translator assisted, they complete Supplement A.
Who completes it: The employer or an authorized representative.
Deadline: Must be completed within 3 business days of the employee's first day of work for pay.
The employer physically examines the employee's original identity and work authorization documents. The employee may present:
The employer records the document title, issuing authority, document number, and expiration date in Section 2. They then sign and date the form, certifying that the documents appear genuine and relate to the employee.
Important: Employers cannot specify which documents an employee must present. Requiring specific documents — such as asking for a passport or green card — is document abuse under the INA, even if well-intentioned.
Used when someone other than the employee helps complete Section 1. Each preparer or translator must sign and provide their name and address.
Supplement B replaced the former "Section 3" in the August 2023 revision. It covers two situations:
On or before the employee's first day of work:
Within 3 business days of the employee's start date:
Remote workers or multiple locations? If your company is enrolled in E-Verify, you can use the alternative remote examination procedure to complete Section 2 via live video instead of in person. If you are not enrolled in E-Verify, an authorized representative must physically examine documents on-site. We offer both a remote verification service and a nationwide authorized representative network to handle Section 2 for you.
Note on business days: "Business days" means days the employer is open for business. If your company operates on weekends — manufacturing, healthcare, hospitality — then Saturday and Sunday count as business days. A Friday hire at a 7-day-a-week operation means Section 2 is due by Monday, not Wednesday.
Exception: If an employee is hired for less than 3 business days, both Section 1 and Section 2 must be completed on the first day of employment.
If your company participates in E-Verify — whether voluntarily or because of a state mandate or federal contract requirement — you must create an E-Verify case within 3 business days of completing Section 2. E-Verify electronically compares the information on the I-9 against government databases.
If the employee presents List B and List C documents (rather than a single List A document), the List B document must include a photograph when using E-Verify.
Document copies are required for E-Verify. You must submit document information as part of the E-Verify case — which means you need copies of the documents your employee presented. Retain copies (front and back) of all Section 2 documents. If you use the alternative remote examination procedure, document copies are mandatory and must be kept for the full retention period. Having copies on file also makes it significantly easier to respond to Tentative Nonconfirmations or ICE audits.
Retain the completed Form I-9 for whichever is later:
If you are unsure when to destroy a specific I-9, use our free I-9 Retention Calculator to find the exact date.
Find out in 60 seconds. Our free I-9 Risk Calculator estimates your exposure based on your company size and current process. No email required. Or talk to our compliance team — we have been doing this for 27+ years.
The penalty amounts below are the current figures as of 2026, reflecting the most recent DHS inflation adjustment published in the Federal Register on January 2, 2025.
Incomplete, missing, or improperly completed I-9 forms:
Penalties are assessed per form. A company with 50 I-9s containing errors faces potential fines of $14,400 to $143,050.
Knowingly hiring or continuing to employ workers not authorized to work in the United States:
These penalties are per unauthorized worker, not per form — and they stack on top of paperwork fines.
Requiring specific documents, rejecting valid documents, or treating employees differently based on citizenship status: $288 to $2,861 per violation.
For the complete penalty breakdown with examples, see I-9 Penalties in 2026: Every Fine Amount Employers Need to Know.
Since August 2023, employers enrolled in E-Verify can use an authorized alternative procedure to examine I-9 documents remotely — meaning the employee does not need to physically present their documents in person. This is a permanent rule, not a temporary COVID-era exception.
Many employers outsource Section 2 verification to a trained authorized representative rather than having internal staff manage it. This is particularly common for companies with remote workers, multiple locations, or no HR person on-site.
i9 Intelligence provides remote Section 2 verification as a managed service. Our US-based team handles the live video examination, document review, and Section 2 completion on your behalf — compliantly, every time.
Form I-9 compliance matters more in 2026 than it has in years. U.S. Immigration and Customs Enforcement (ICE) has dramatically increased worksite enforcement activity:
When you receive a Notice of Inspection, you have 3 business days to produce your I-9 forms. Companies that store their I-9s in a searchable electronic system with clean records handle audits in hours. Companies with paper files, missing forms, and errors face weeks of scrambling — and fines.
For real-time enforcement tracking, see our ICE Worksite Enforcement Tracker.
Employees choose which documents to present. Employers cannot request specific documents.
For detailed guidance on specific documents — including where to find the numbers you need for Section 2 — see our guides to the EAD Card on Form I-9 and Alien Registration Numbers on Form I-9.
These are the errors we see most often across the thousands of I-9s our team reviews every year:
For a deeper dive, see I-9 Self-Audit Mistakes That Put Your Company at Risk.
The most recent Form I-9 revision has an edition date of 01/20/2025. There is no separate 2026 edition. The 01/20/2025 form is valid through 05/31/2027 and is the version employers should use in 2026. The previous edition (08/01/2023) is also still accepted through its printed expiration date.
You can download the current Form I-9 directly from the USCIS website. Always download the form from USCIS — third-party copies may be outdated. The current version will show "Edition 01/20/2025" in the lower-left corner and an expiration date of 05/31/2027 in the upper-right corner.
Yes. Every employer in the United States must complete Form I-9 for every employee they hire, regardless of company size, the employee's citizenship status, or whether the position is full-time, part-time, or temporary. The only exceptions are independent contractors (1099 workers) and casual domestic workers performing sporadic household work.
Yes — if your company is enrolled in E-Verify and in good standing. The DHS alternative procedure rule, made permanent in August 2023, allows employers to examine Section 2 documents via live video call instead of in person. You must retain copies of the documents (front and back) and check the "Alternative Procedure" box on the form.
Using an expired form is a technical I-9 violation. If ICE audits your records and finds I-9s completed on an expired form version, each form could be cited as a paperwork violation with penalties of $288 to $2,861 per form.
Retain each Form I-9 for whichever is later: 3 years after the hire date, or 1 year after the date of termination. Use our free I-9 Retention Calculator to determine the exact destruction date for any employee's I-9.
Paperwork violations (errors, omissions, missing forms) carry penalties of $288 to $2,861 per form. Knowingly hiring unauthorized workers carries penalties of $716 to $28,619 per worker, depending on whether it is a first, second, or subsequent offense. These amounts reflect the January 2025 DHS inflation adjustment.
Whether you need help completing I-9s for new hires, auditing your existing records, or managing reverification deadlines, our team has been doing this for 27+ years.
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This article is for informational purposes only and does not constitute legal advice. I-9 requirements and penalty amounts are subject to change. Always verify current requirements at uscis.gov/i-9.
