What
A federal form used to verify the identity and employment authorization of every person hired after November 6, 1986, citizen and non-citizen alike.
Who
All U.S. employers, for every new hire. No size threshold.
When
Employee completes Section 1 on or before Day 1; employer completes Section 2 by the end of the third business day after the start date.
Risk
Civil penalties for paperwork and substantive violations range from $288 to $2,861 per form (2026 rate, adjusted annually under the Federal Civil Penalties Inflation Adjustment Act). Knowingly hiring or continuing to employ an unauthorized worker carries penalties of $716 to $5,724 per worker for a first offense, rising to $28,619 per worker for repeat offenses. As of March 2026, ICE expanded which errors count as "substantive": many mistakes that were previously correctable during a 10-day audit cure window are now subject to immediate fines. Anti-discrimination violations (demanding specific documents, citizenship-status discrimination, retaliation) carry separate civil money penalties under INA §274B.
Day 1
Section 1 (employee)
Completed on or before the first day of work, after the offer is accepted.
Day 3
Section 2 (employer)
By the end of the third business day after the start date.
Reverify
Authorization expires
Complete Supplement B on or before the expiration date, where reverification applies.
| Trigger | Due Date / Window | Notes |
|---|---|---|
| New hire: Section 1 (employee) | On or before Day 1 | Employee attests to status and provides document choice. May be completed before the first day of work but not before the job offer is accepted. |
| New hire: Section 2 (employer) | By end of Day 3 (business days after start) | Examine original documents in person or, if enrolled in E-Verify, via the DHS remote alternative procedure. |
| Rehire within 3 years of prior I-9 date | At rehire | Reuse the prior I-9 (update Supplement B) or complete a new one, employer's choice. |
| Work authorization expires (reverification) | On or before expiration date | Complete Supplement B with a new acceptable document. Do not reverify U.S. citizens, lawful permanent residents, or List B documents. |
Trigger: New hire: Section 1 (employee)
Window: On or before Day 1
Notes: Employee attests and provides document choice. Not before the offer is accepted.
Trigger: New hire: Section 2 (employer)
Window: By end of Day 3 (business days after start)
Notes: Examine documents in person, or via the DHS remote alternative if E-Verify enrolled.
Trigger: Rehire within 3 years of prior I-9 date
Window: At rehire
Notes: Reuse the prior I-9 (Supplement B) or complete a new one.
Trigger: Work authorization expires (reverification)
Window: On or before expiration date
Notes: Complete Supplement B. Do not reverify citizens, LPRs, or List B documents.
- Current Form I-9 (edition 01/20/25): Always use the version currently posted on USCIS.gov. Using an outdated form is a substantive violation. See the green section below for a direct download link.
- Lists of Acceptable Documents: The employee chooses, either one document from List A, or one from List B and one from List C. Never tell or suggest which document to bring.
- Remote option (if eligible): Employers enrolled in E-Verify in good standing may use the DHS alternative procedure: the employee transmits copies of their documents, you conduct a live video review, check the alternative procedure box on Section 2, and retain copies.
- Authorized representative: You may designate someone to complete Section 2 on your behalf, but you remain legally responsible for their actions.
1
Provide the form and instructionsGive the new hire the current Form I-9 and the Lists of Acceptable Documents. Do not suggest which documents to bring.
2
Employee completes Section 1On or before Day 1. Review it for completeness; missing fields in Section 1 are now substantive violations under the March 2026 ICE guidance.
3
Review the documentsIn person (or via the DHS remote alternative if you're E-Verify enrolled). Confirm they appear genuine and relate to the person. Do not photocopy unless required (i.e., using the remote alternative).
4
Complete Section 2By end of Day 3. Enter document information accurately, sign, and date. Missing the hire date or employer representative signature are now substantive violations.
5
File separately and set remindersStore I-9s separate from personnel files. Set calendar reminders for any reverification dates and for the form's purge date (see Retention below).
- Retention rule: Keep each I-9 for 3 years after the date of hire or 1 year after the date of termination, whichever is later.
- Format: Paper or electronic storage is acceptable. Electronic systems must include an audit trail, access controls, and a backup system; deficiencies in the electronic system are now substantive violations under March 2026 ICE guidance.
- Produce on inspection: You must be able to provide I-9s to ICE, DHS, or DOL within three business days of a written request.
- Store separately: Keep I-9s in a dedicated binder or folder, separate from personnel files, to make production during an audit faster and to avoid inadvertently revealing protected information.
- Completed I-9sFor all current employees and former employees within the retention window.
- Remote copiesCopies of documents if you used the DHS remote alternative procedure (required in that case).
- Reverification and purge logA spreadsheet tracking each employee's reverification date (if applicable) and the date the form can be destroyed.
- E-Verify recordsIf you use E-Verify: case confirmation numbers and any Tentative Nonconfirmation (TNC) resolution records.
Common traps
Asking for specific documents: Telling an employee which document to bring, or refusing a document from the acceptable Lists because you prefer a different one, is document abuse and an anti-discrimination violation under INA §274B, regardless of intent. Accept any document combination the employee presents from the Lists as long as it appears genuine.
Late or early Section 2: Completing Section 2 before the employee's first day of work is a violation, just as completing it after Day 3 is. Section 2 has a specific window. Build it into your first-day onboarding sequence.
Assuming common errors are still fixable during an audit: Before March 2026, many small mistakes (missing dates, missing birth date, incomplete document information) could be corrected during a 10-day cure window when ICE audited. ICE eliminated that window for these errors in March 2026. They are now substantive violations subject to immediate fines. Accuracy on Day 1 is the only protection.
FAQs
Do we get to pick which documents the employee brings?
No. The employee chooses from the Lists of Acceptable Documents. You verify that the documents presented appear genuine and relate to the person, that is all. Requesting specific documents or rejecting valid ones is a violation.
Is a Social Security number required on Section 1?
Only if your company participates in E-Verify. Otherwise, the SSN field in Section 1 is optional for the employee.
Do we need to photocopy the documents?
Copying is optional if you're using in-person verification, but must be done consistently; copying for some employees and not others can create discrimination exposure. Copying is required if you use the DHS remote alternative procedure.
What if an employee can't produce documents by Day 3?
There is no grace period. If an employee cannot present acceptable documents by the end of Day 3, you face a compliance problem. The employee may present a receipt for a replacement document as a temporary measure; see Special Cases below for receipt rules.
- Document receipts: If an employee's document was lost, stolen, or damaged, they may present a receipt for the replacement document as a temporary stand-in for a List A, B, or C document. The receipt is valid for 90 days. At the end of that period, the employee must present the actual replacement document, and you update the I-9 accordingly.
- Automatic extensions of work authorization: USCIS may automatically extend the validity of certain Employment Authorization Documents (EADs) when a timely renewal application is pending. If an auto-extension applies, you should not reverify based on the card's expiration date alone; doing so may constitute discrimination. Check the M-274 Handbook (Section 5.1) for the current list of eligible categories and extension periods, as these change.
- State E-Verify mandates: Several states require E-Verify participation for some or all employers, including Arizona, Alabama, Georgia, North Carolina, and others. If your state mandates E-Verify, you must use it in addition to completing Form I-9. Apply the strictest rule that applies to your location.
- Remote hires: If you are not enrolled in E-Verify, you cannot use the DHS remote alternative. Instead, designate an authorized representative (a notary, HR vendor, or trusted third party) to complete Section 2 in person where the employee is located. You remain responsible for errors.
- Rehires: If you rehire someone within 3 years of their original I-9 date and their work authorization has not expired, you may use the existing form and complete Supplement B rather than starting a new I-9.
Always download Form I-9 directly from USCIS. Using an outdated edition is itself a violation. The links below go straight to the current form and the employer handbook.