Understanding Which Employees Need to Complete a Form I-9

Does every worker need to complete a Form I-9? Are there any exceptions?

You are required to complete and retain a Form I-9 for every employee you hire for employment in the United States regardless of citizenship or nationality. The exceptions to this requirement are as follows:

• Individuals hired on or before Nov. 6, 1986, who are continuing in their employment and have a reasonable expectation of employment at all times.
• Individuals hired for employment in the Commonwealth of the Northern Mariana Islands (CNMI) on or before Nov. 27, 2009.
• Individuals employed for casual domestic work in a private home on a sporadic, irregular or intermittent basis.
• Independent contractors (however, federal law prohibits individuals or businesses from contracting with an independent contractor knowing that the independent contractor is not authorized to work in the United States).
• Individuals providing labor who are employed by a contractor providing contract services (for example, employee leasing or temporary agencies).
• Individuals not physically working in the United States.

In addition, a self-employed person does not need to complete an I-9 on his or her own behalf unless the person is an employee of a business entity, such as a corporation or partnership.

Interns and volunteers do not complete an I-9 unless they receive something of value from the employer in exchange for their labor and services. This is known as remuneration. Unremunerated individuals, including interns/student trainees and volunteers, are not required to complete an I-9.

Job applicants should not complete an I-9. Only individuals who have actually been extended and accepted an offer of employment should complete an I-9.

In very limited circumstances, an individual referred to the employer from a state employment agency or state workforce agency may be certified by the referring agency as authorized to work in the U.S. When you receive this type of certification for a new hire, you may accept the certification in lieu of completing an I-9. Click here for more information from the USCIS on referrals from state workforce agencies.

Ed. note: U.S. Citizenship and Immigration Services (USCIS) issued a new edition of the Form I-9 on April 3, 2025. The new form, dated Jan. 20, 2025, expires May 31, 2027, and has only minor changes from the previous version. Employers may continue to use the previous edition issued Aug. 1, 2023 until its expiration date on July 31, 2026 or May 31, 2027, depending on the form.