Form I-9
Definition, rules and examples

Form I-9 is one of the first documents in any new hire's file, and it has firm deadlines. For businesses that hire often, such as restaurants, retail, healthcare, and staffing, a consistent I-9 process matters because every hire creates a new form that must be completed on time and kept for years.

How Form I-9 works

USCIS's I-9 Central explains that "Form I-9 will help you verify your employee's identity and employment authorization," and that federal law requires every employer, along with agricultural recruiters and referrers for a fee, to complete Form I-9 for each individual hired for employment in the United States.

The form has two main parts:

• Section 1 (employee): The new employee provides personal information and attests to their citizenship or immigration status.
• Section 2 (employer): The employer examines the documents the employee chooses to present from the form's list of acceptable documents, and records the document information.

Deadlines

According to USCIS's guidance on completing Form I-9:

• The employee completes Section 1 "no later than the first day of the work for pay."
• The employer completes Section 2 "no later than the 3rd business day" after the employee starts work for pay.

Worked example: retention date

USCIS's retention guidance says employers must keep a Form I-9 for each person hired "for three years after the date of hire" or "one year after the date employment ends, whichever is later."

A simple rule of thumb: while someone is employed, keep their I-9. When they leave, calculate both dates and keep the form until the later one.

Federal rules

• Every hire. Complete a Form I-9 for each person hired for employment in the United States, per USCIS.
• Timely completion. Section 1 by the first day of work for pay; Section 2 by the third business day, per USCIS.
• Retention. Three years after hire or one year after employment ends, whichever is later, per the USCIS Handbook for Employers.
• Inspection. The same handbook section says employers must be able to present Forms I-9 "within three business days of an inspection request." Paper forms may be kept at the worksite or at an off-site location.
• Do not mail it. USCIS states: "Never mail Form I-9 to USCIS or U.S. Immigration and Customs Enforcement."

USCIS periodically issues new editions of Form I-9. Always download the current edition directly from USCIS before using it, and check the USCIS website for current rules on topics such as remote document examination and E-Verify.

Best practices

• Build I-9 into your onboarding checklist alongside the Form W-4 and state tax forms.
• Do not specify which documents an employee must present; let the employee choose from the acceptable documents list.
• Complete the same process for everyone. Apply your I-9 procedure consistently to every new hire, regardless of citizenship, national origin, or appearance.
• Track deadlines. Record each new hire's first day of work for pay and set a reminder for the Section 2 deadline.
• Store forms securely and separately from general personnel files, so they can be produced quickly for inspection without exposing unrelated records.
• Audit periodically. Review a sample of forms for missing fields, signatures, and dates, and purge forms past their retention date according to a written policy.

Common mistakes

• Completing Section 2 late, especially for employees who start mid-week or work at remote sites.
• Using an outdated edition of the form.
• Requesting specific or extra documents beyond what the form requires.
• Completing I-9s for independent contractors instead of employees, or skipping them for employees who are misclassified as contractors. See independent contractor.
• Mailing forms to USCIS. They are kept by the employer.
• Destroying forms too early by using only the termination date.

I-9 process checklist for hiring managers

1. Before day one, give the new hire the current Form I-9 and the list of acceptable documents.
2. On or before the first day of work for pay, confirm the employee has completed and signed Section 1.
3. Within three business days of the start of work for pay, examine the documents the employee presents and complete Section 2.
4. Review the form for blank fields, missing dates, and signatures before filing it.
5. File the form in a secure I-9 storage location separate from general personnel records.
6. When the employee leaves, record the end date and calculate the retention date.

For multi-location employers, designate a trained person at each site to handle Section 2, and give them a simple way to report completion so HR can track deadlines across locations. Consistency across sites is the best defense against late or incomplete forms. It also helps to keep a simple log of each new hire's start date, Section 2 completion date, and the name of the person who completed it, so HR can spot missed deadlines quickly and fix process gaps before they repeat.

How EZTime helps

EZTime's digital HR forms help you organize onboarding paperwork for new hourly employees in one place, alongside the rest of their workforce data. Once a new hire is on the team, EZTime handles day-to-day time and attendance with a GPS mobile time clock with geofencing, NFC tags, a tablet kiosk, or biometric clocks, plus AI shift scheduling, shift templates, and PTO and absence management. Hours go out in payroll-ready Excel and PDF exports for any payroll software; EZTime does not run payroll. Always use the official, current Form I-9 from USCIS. Plans start at $2 per employee per month with a 14-day trial. See the attendance clock and pricing.

This is general information, not legal advice.