Form I-9: The Complete 2026 Guide for Employees & Employers
Whether you are a first-time employee, an HR manager, or an international student on OPT, this guide explains everything about Form I-9 — what it is, who fills it out, which documents to use, and how to stay compliant.
TL;DR / The Bottom Line
Form I-9 is a federally-mandated form that every US employer must complete for every new hire. It verifies the employee's identity and work authorization. For OPT students, your EAD card (Form I-766) + passport is the standard combination. It must be completed within 3 business days of starting work.
Table of Contents
- 1. What Is Form I-9?
- 2. Who Needs to Complete Form I-9?
- 3. The Three Sections Explained
- 4. Acceptable Documents (Lists A, B, and C)
- 5. Form I-9 for OPT & STEM OPT Students
- 6. Deadlines & Retention Requirements
- 7. Remote I-9 Verification (2023 Rule)
- 8. Common Mistakes & How to Fix Them
- 9. Frequently Asked Questions
1. What Is Form I-9?
Form I-9, officially called the Employment Eligibility Verification form, is a document created by the U.S. Citizenship and Immigration Services (USCIS). It is mandated under the Immigration Reform and Control Act of 1986 (IRCA) and enforced by the Department of Homeland Security (DHS) and the Department of Justice (DOJ).
Every employer in the United States — private companies, nonprofits, government agencies, and universities — must use Form I-9 to verify that every person they hire for pay after November 6, 1986 is legally authorized to work in the United States.
Important
The I-9 is NOT submitted to USCIS or the government. It is kept on file by the employer and must be available for inspection by Immigration and Customs Enforcement (ICE), the Department of Labor (DOL), or the Office of Special Counsel (OSC) upon request.
The form was most recently revised in August 2023, and the current edition has edition date 08/01/23 (found in the bottom-left corner of the form). As of May 1, 2020, employers must use only the current edition — older versions are not accepted.
2. Who Needs to Complete Form I-9?
All US-based employees (full-time, part-time, and temporary) hired after November 6, 1986 must complete Form I-9. This includes:
US Citizens
All US citizens, regardless of immigration history
Permanent Residents (Green Card)
All lawful permanent residents (LPRs)
F-1 OPT Students
Students on Post-Completion OPT using an EAD card
F-1 STEM OPT Students
Students on STEM OPT extension — both initial and re-verification
H-1B, L-1, O-1 Workers
All nonimmigrant visa holders authorized to work
J-1 Exchange Visitors
J-1 scholars and researchers with work authorization
Exemptions: Independent contractors and volunteers who receive no pay are generally not subject to I-9 requirements. However, if an employer treats a contractor as an employee, I-9 is required.
3. The Three Sections of Form I-9 Explained
Section 1: Employee Information and Attestation
Completed by: The employee. Deadline: Must be completed on or before the first day of work (Day 1).
Section 1 asks for your legal name, address, date of birth, Social Security Number (SSN), email address, phone number, and your employment eligibility status. You must check one of four boxes:
- • U.S. Citizen
- • Noncitizen National of the United States
- • Lawful Permanent Resident (enter your A-Number or USCIS number)
- • Noncitizen authorized to work until [date] — this is the option for F-1 OPT students. Enter your EAD expiration date and your USCIS number (from your EAD card).
Section 2: Employer Review and Verification
Completed by: The employer or their authorized representative. Deadline: Within 3 business days of the employee's first day of work.
The employer physically examines the original documents the employee presents. The employer records the document title, issuing authority, document number, and expiration date in Section 2. The employer then signs and dates the form, attesting that the documents appeared genuine and related to the employee.
Section 3: Reverification and Rehires
Completed by: The employer. Used when: An employee's work authorization expires (e.g., EAD renewal) or when rehiring a former employee within 3 years.
For OPT students, this is critical: when you get a STEM OPT extension and receive a new EAD card, your employer must complete Section 3 to reverify your continued employment authorization using the new EAD's details and expiration date.
4. Acceptable Documents: Lists A, B, and C
Employees must present original, unexpired documents. They may choose to present either one List A document OR one List B + one List C document.
List A — Identity + Work Auth
- • U.S. Passport or Passport Card
- • Permanent Resident Card (Form I-551 / Green Card)
- • EAD Card (Form I-766) ← OPT students use this
- • Foreign Passport with I-94 + endorsement
- • Passport from a Federated State of Micronesia or the Marshall Islands with I-94
List B — Identity Only
- • State driver's license
- • ID card issued by state/local government
- • School ID with photo
- • Voter registration card
- • US Military Card or draft record
- • Native American tribal document
List C — Work Auth Only
- • Social Security Account Number card
- • Certification of Birth Abroad (FS-545)
- • Certification of Report of Birth (DS-1350)
- • Original or certified copy of US birth certificate
- • Native American tribal document
- • US Citizen ID Card (I-197)
Employers cannot specify which documents an employee must present, as long as the documents are on the accepted list. Requiring specific documents (e.g., demanding a green card from a non-citizen) is discriminatory and violates federal law (8 U.S.C. § 1324b).
5. Form I-9 for OPT & STEM OPT Students: Step-by-Step
For international students on F-1 OPT or STEM OPT, Form I-9 can be confusing because your authorization documents are different from domestic employees. Here is exactly what to do:
Section 1 — Choose the correct box
Select 'A noncitizen authorized to work until...' Enter the expiration date printed on your EAD card and your USCIS number (10-digit number on the front of your EAD card).
Documents to bring on Day 1 or Day 3
Bring your EAD card (Form I-766). This alone satisfies both the identity AND work authorization requirement as a single List A document. You do NOT need your passport additionally, though you may also bring your passport + I-94 as an alternative.
Your employer examines the originals in person
The employer must physically look at the original document(s). Photocopies or scans are not acceptable for verification (remote verification rules apply separately — see Section 7).
STEM OPT Re-verification (Section 3)
When you transition from standard 12-month OPT to the 24-month STEM OPT extension, you will receive a new EAD card. Your employer MUST complete Section 3 of the I-9 using your new EAD card details before your old EAD expires.
Keep a copy for your records
Although employers are required to retain the I-9, you should also keep a personal copy for your own compliance records. TrackMyOPT can help you track when your re-verification is due.
OPT-Specific Note
If your EAD has not yet arrived but your OPT start date has passed, show your DSO-issued I-20 with OPT authorization, your I-94, and your passport. USCIS receipt notices for EAD renewals can also be used for up to 540 days from the EAD expiration date under the extended automatic extension rule (as of May 2022).
6. Deadlines & Retention Requirements
| Requirement | Deadline |
|---|---|
| Section 1 completion | No later than the first day of employment |
| Section 2 completion | Within 3 business days of the first day of work |
| Re-verification (Section 3) | Before the employee's current authorization expires |
| Employer document retention (active employee) | Duration of employment |
| Employer document retention (after termination) | Longer of: 3 years from hire date OR 1 year from termination |
7. Remote I-9 Verification (2023 Rule Update)
Since the COVID-19 pandemic introduced temporary flexibilities, USCIS established a permanent remote verification alternative effective August 1, 2023. Under this rule:
- Employers who are enrolled in E-Verify may use the E-Verify Identity Document Examination (IDEx) procedure to examine documents remotely via video call
- The employee must upload images of their documents and participate in a live video session with an authorized HR representative
- Employers not enrolled in E-Verify must continue to physically examine original documents in person (or use an authorized representative to do so on-site)
This is especially relevant for OPT students who accept remote jobs — your employer can verify your EAD card and other documents through a live video session if they are E-Verify enrolled.
8. Common I-9 Mistakes & How to Avoid Them
Mistake: Missing the 3-business-day deadline
Fix: Set a calendar reminder immediately on the employee's start date. Employers face fines of $272–$2,701 per violation.
Mistake: OPT student enters wrong USCIS number
Fix: The USCIS number is the 10-digit number (starting with '2') on the front of your EAD card. Do not confuse it with your SEVIS ID.
Mistake: Employer forgets Section 3 re-verification
Fix: When your EAD is renewed for STEM OPT, the employer must update Section 3 BEFORE your existing EAD expires. Mark the EAD expiration date on a calendar and send a reminder 90 days in advance.
Mistake: Accepting expired documents
Fix: All documents must be current and unexpired. An expired passport, even if the visa stamp inside is still valid, cannot be used alone.
Mistake: Using an outdated I-9 form version
Fix: Always download the form from USCIS.gov. The current version has edition date 08/01/23 in the bottom-left corner.
Mistake: Whiting out or scratching out corrections
Fix: To correct an error, draw a single line through the mistake, enter the correct information, and initial and date the correction. Never use correction fluid.
Frequently Asked Questions About Form I-9
What is Form I-9?
Form I-9 is the Employment Eligibility Verification form issued by USCIS. Every employer in the United States must complete it for every employee they hire to verify the employee's identity and legal authorization to work in the US.
Do F-1 OPT students need to fill out Form I-9?
Yes. Every F-1 student starting a new job in the US — whether on Pre-OPT, Post-OPT, or STEM OPT — must complete Form I-9 with their employer within 3 business days of their start date.
What documents can an OPT student use for Form I-9?
OPT students typically use their foreign passport (List A, if it has a valid visa stamp) combined with their EAD card (I-766). Alternatively, they can use their passport with an I-94 arrival record and F-1 visa stamp as a combination of List A documents.
How long does an employer keep Form I-9?
Employers must retain the completed I-9 for either 3 years after the date of hire or 1 year after the date employment ends, whichever is later.
What happens if I-9 is not completed on time?
If Section 1 is not completed by the first day of work, or if Section 2 is not completed within 3 business days of the start date, the employer is in violation of federal law and could face fines ranging from $272 to $2,701 per violation.
Can a remote employee complete Form I-9 remotely?
Yes. As of August 2023, USCIS allows employers enrolled in E-Verify to conduct remote I-9 document verification through the E-Verify identity document examination alternative (IDEx), which replaces in-person physical examination for remote hires.
What is the difference between List A, List B, and List C documents for I-9?
List A documents establish both identity AND employment authorization (e.g., US Passport, EAD card). List B documents establish identity only (e.g., driver's license). List C documents establish employment authorization only (e.g., Social Security card). An employee can present one List A document OR one List B + one List C document.
Track Your OPT Compliance Deadlines Automatically
Never miss an I-9 re-verification deadline again. TrackMyOPT automatically alerts you when your EAD is expiring, when you need a STEM OPT extension, and when your employer needs to complete Section 3.
Get Free OPT Alerts