What every US employer needs to do to verify identity and work authorization for new hires, and how to avoid the most common mistakes.
Employers must complete Form I-9 for every employee hired to work in the United States, whether citizen or noncitizen, full-time or part-time. Genuine independent contractors are generally not included, but misclassification does not remove the obligation; see independent contractor vs. employee. Our glossary entry on the I-9 form gives a short summary. Always use the current edition of the form from the USCIS website.
To total hours with breaks and overtime, use our time card calculator.
| Step | Deadline |
|---|---|
| Section 1 (employee) | No later than the end of the first day of work for pay; not before the job offer is accepted |
| Section 2 (employer) | Within three business days after the first day of work; for example, an employee who starts Monday must have Section 2 completed by Thursday |
| Jobs lasting less than three days | Both sections by the end of the first day of work |
| Reverification (Supplement B) | No later than the date the employee’s temporary work authorization expires, where reverification is required |
The employee provides their name, address, date of birth and citizenship or immigration status, signs and dates the form. Social Security number is optional unless the employer uses E-Verify. A preparer or translator can help, and must then complete the preparer and translator section. The employer is responsible for making sure Section 1 is complete and on time, but should not tell the employee which status to select.
You must not ask for specific documents or more documents than required. Doing so can amount to unlawful discrimination. The list of acceptable documents is on the form and in our glossary entry on I-9 acceptable documents.
Traditionally, documents must be examined in person. DHS has authorized an alternative procedure that allows qualified employers enrolled in E-Verify and in good standing to examine documents remotely, through a live video call after reviewing copies, and to keep copies of the documents. If you use it, follow the current conditions exactly and apply it consistently. Otherwise, arrange for in-person review, which can be done by an authorized representative.
When an employee’s temporary employment authorization expires, the employer must reverify using Supplement B, by the expiration date. Do not reverify U.S. citizens or permanent residents who presented a Permanent Resident Card (with limited exceptions). For an employee rehired within three years of the original form date, you may use Supplement B instead of a new form in certain situations. Set reminders well before expiration dates.
Keep each Form I-9 for three years after the date of hire or one year after employment ends, whichever is later. Store forms separately from general personnel files, so you can produce them quickly in an inspection without exposing unrelated information. Electronic storage is allowed if it meets the government’s standards. Our guide on time and payroll record retention covers other records.
A quick internal audit once a year, with careful corrections where needed, reduces risk. Corrections should be made by striking through, entering correct information, and initialing and dating the change, not by erasing or backdating.
E-Verify is an online system that compares information from Form I-9 with government records. It is voluntary for most private employers under federal law, but some states require it for some or all employers, and federal contractors may be required to use it under certain contracts. If you enroll, you must use it for all new hires at the participating site, follow its procedures and never use it to pre-screen applicants. E-Verify does not replace Form I-9; both are completed.
Build Form I-9 into your onboarding plan: send the form link before the first day, set aside time on day one for document review and set a reminder for the Section 2 deadline. EZTime helps with the rest of onboarding: the employee is added to the schedule, can clock in from the mobile app on day one and signs other onboarding documents with e-signatures. Form I-9 itself must be completed according to USCIS rules. Assign one trained person per location to own the process, so deadlines are not missed when managers are busy.
Section 1 by the employee’s first day of work, and Section 2 within three business days after the first day.
No. The employee chooses which acceptable documents to present. Asking for specific documents can be discrimination.
No. It should be completed only after the offer has been accepted.
Three years after the date of hire or one year after employment ends, whichever is later.
Sometimes you can use Supplement B instead of a new form if the employee is rehired within three years of the original form date. Otherwise, complete a new form.
Only under the DHS alternative procedure for qualified E-Verify employers, following its conditions. Otherwise, review in person.
EZTime’s digital HR forms collect e-signatures and keep the signed copy in the employee’s digital file, with reminders before a document expires. Expect a $20 monthly minimum, with per-employee plans from $2 a month.