Form I-9 Verification (Hiring Requirements)

Most U.S. employers must complete Form I-9 for every person they hire to work in the United States, including U.S. citizens. The employee completes Section 1 by the first day of work for pay; the employer completes Section 2 within three business days. The employee chooses acceptable documents. Keep each form for the required period, and never backdate it.

I remember seeing how a simple onboarding checklist can become confusing when a new hire asks, “Which documents should I bring?” That is a key moment: employers must explain the process without steering the person toward a particular document. A consistent procedure helps protect both the worker’s rights and the organization’s compliance.

This guide follows federal requirements. State, local, and federal-contractor rules may add obligations, so check those rules for your workplace. I also use clearly labeled scenarios to show how the steps can work in practice; they are examples, not accounts of specific employers.

Form I-9 Overview, Employer Coverage & Verification Rules

Form I-9 records that an employer reviewed documents showing a new hire’s identity and authorization to work. Federal law generally requires employers to complete the form for each person hired in the United States after November 6, 1986. Some limited exemptions apply, so confirm whether a role is covered.

The requirement applies to U.S. citizens and noncitizens. It is not a citizenship test, nor does it allow an employer to choose which workers must complete verification. Apply the same process to covered hires, regardless of citizenship, immigration status, or national origin.

Who must complete a form?

The employer is responsible for ensuring that a form is completed for each covered hire. The employee completes Section 1, while the employer or its authorized representative completes Section 2. An authorized representative may act for the employer, but the employer remains responsible for proper completion.

Some independent contractors and people hired to perform labor or services outside the United States may fall outside the usual requirement. Do not assume a person is exempt based only on a job title or work arrangement. Check current USCIS guidance or consult qualified counsel when the status is unclear.

Takeaway: Set a consistent process for all covered employees, and verify any claimed exemption before skipping the form.

Form Sections, Acceptable Documents & Completion Deadlines

Section 1 is the employee’s information and attestation. Section 2 records the employer’s review of documents. The key deadlines are tied to the employee’s first day of employment for pay, so record that date accurately and use the current USCIS form and instructions.

When are Sections 1 and 2 due?

The employee may complete Section 1 after accepting a job offer, but not before. It must be completed and signed no later than the first day of employment for pay. The employer completes Section 2 within three business days after that first day.

If the job will last fewer than three business days, complete Section 2 no later than the first day of work for pay. For example, if a worker is hired for a one-day assignment, do not wait until a later date to examine documents. Use the actual work start date, not a later payroll date.

Which documents can the employee present?

The employee chooses either one document from List A, or one document from List B together with one from List C. List A documents establish identity and work authorization; List B documents establish identity; List C documents establish work authorization. Use the current Lists of Acceptable Documents in the USCIS form instructions.

Do not demand a passport, a particular immigration document, or extra proof because of a person’s accent, name, or perceived background. If a document appears reasonably genuine and relates to the person presenting it, follow the current instructions. If the employee cannot present a document from the lists, USCIS guidance explains when a receipt may be used and what follow-up is required.

Next step: Give each new hire the same access to the acceptable-document lists, then let the employee choose.

Onboarding Procedures, Remote Verification & Recordkeeping

A reliable process assigns clear duties, tracks deadlines, and protects completed forms. Employers should decide who will review documents, how remote hires will be handled, how corrections will be made, and when records will be destroyed. Build these steps into onboarding before a new employee starts.

How should employers complete and correct the form?

Use the current USCIS Form I-9 and instructions. After the offer is accepted, provide the employee a chance to complete Section 1 and choose acceptable documents. The employer or authorized representative then examines the chosen documents and completes Section 2 by the applicable deadline.

If an error is found, correct it using USCIS instructions. Generally, the person responsible for the section makes the correction, draws a line through the incorrect entry, adds the correct information, and initials and dates the change. Do not use correction fluid or backdate an entry. Keep an explanation with the form when needed.

How does verification work for remote hires?

A video call by itself does not meet the federal alternative procedure for examining documents remotely. Employers may use a DHS-authorized alternative procedure only when they and the hire meet current eligibility conditions and they follow every required step. Check DHS rules before relying on remote examination.

For example, an eligible employer may need to examine document copies, conduct a live video interaction, retain copies, and mark the form as required. Requirements can change, so verify current DHS instructions rather than treating a past practice as automatic permission.

Illustrative scenarios: A small employer hiring an in-person worker can assign a trained manager as its authorized representative and track the three-business-day deadline. A remote employer should first confirm eligibility for the DHS alternative procedure; if it is not eligible, it must use another compliant method.

How long should forms be retained?

Keep each form for three years after the hire date or one year after employment ends, whichever date is later. Calculate the deadline for each employee rather than applying one general destruction date to all records. Store forms securely and, where practical, separately from ordinary personnel files to limit access.

A retention log can include the hire date, separation date, calculated destruction date, and storage location. Limit access to staff with a business need, and use a secure method to destroy forms after the required period, subject to any legal hold or other applicable rule.

Takeaway: Document the process, use current instructions, and set a retention date for every form.

Employment Eligibility, E-Verify & Compliance Responsibilities

Form I-9 and E-Verify serve related but distinct roles. The form documents the employer’s review of acceptable documents; E-Verify electronically checks information against government records when its use is required or chosen under applicable rules. E-Verify does not replace a properly completed form.

When is E-Verify required?

E-Verify is a federal online system that compares information from an employee’s Form I-9 with records held by the Department of Homeland Security and the Social Security Administration. Some employers must use it because of a federal contract clause or state law. Others may participate voluntarily, subject to program rules.

If required or enrolled, follow E-Verify rules for case creation and handling results. A mismatch, often called a tentative nonconfirmation, does not by itself prove that a worker is unauthorized. Give the employee required notices and a chance to take action. Do not take prohibited action based only on a pending case.

What risks should employers watch for?

Document abuse and unfair treatment can occur when an employer asks for more documents than required, rejects valid choices, or applies different standards to different workers. Employers must not tell employees which documents to present. Apply the same process consistently and consult USCIS and the Department of Justice’s Immigrant and Employee Rights Section guidance when questions arise.

Some employees need reverification when their employment authorization expires. Follow current USCIS instructions and do not reverify U.S. citizens. Do not reverify lawful permanent residents solely because a permanent resident card expires. The employee may choose acceptable evidence when reverification is required.

Conclusion: Assign responsibility, meet the two completion deadlines, respect employee document choice, and retain each form for the correct period. Review current USCIS and DHS instructions when rules or work arrangements change.

Frequently Asked Questions

These answers cover common employer questions about completion, timing, document choice, and storage. They summarize general federal requirements, not every exception or state rule. Check current agency instructions for the facts of a specific hire, especially when a role is short-term, remote, or subject to a contract requirement.

Does every new employee need Form I-9?

Generally, employers must complete a form for each person hired to work in the United States after November 6, 1986, including U.S. citizens. Limited exceptions apply, such as certain independent contractors and people working outside the United States. Confirm an exemption before omitting the form.

When should the employee complete Section 1?

The employee may complete Section 1 after accepting the job offer, but not before. The section must be completed and signed no later than the first day of employment for pay. The employer should not fill it out on the employee’s behalf.

When is Section 2 due?

The employer or authorized representative must complete Section 2 within three business days after the employee’s first day of employment for pay. If the job lasts fewer than three business days, Section 2 is due no later than the first day.

Can an employer require a particular document?

No. The employee chooses one List A document or one List B document plus one List C document. An employer must not demand a specific document or extra evidence based on citizenship, immigration status, or national origin.

Does E-Verify replace Form I-9?

No. E-Verify supplements the form; it does not replace it. Employers that must or choose to use E-Verify still need to complete and retain Form I-9 under the applicable rules.

Can an employer verify documents remotely?

Only when the employer and hire meet current DHS conditions for an authorized alternative procedure and the employer completes all required steps. A video call alone is not enough. Check current DHS instructions before using remote examination.

How long must an employer keep the form?

Retain it for three years after the hire date or one year after employment ends, whichever is later. Calculate the deadline for each employee, store the form securely, and destroy it securely once the retention period ends, unless another rule requires preservation.

What should an employer do after finding an error?

Correct the form using current USCIS instructions. The person responsible for the section generally makes and dates the correction. Do not backdate or conceal the original entry. Keep a brief explanation with the form when appropriate.

(This article was written by one of our staff writers, James Holloway. Visit our Meet the Team page.)