Form I-9: How to Complete It Correctly

By Nicole Hullihen, former SaaS Chief Operating Officer and Microsoft MVP · Updated October 18, 2026

Every time you hire someone, there's one form you can't skip: Form I-9, Employment Eligibility Verification. It confirms that each new employee is who they say they are and is authorized to work in the United States. It's a simple form, but small mistakes, like missed deadlines, the wrong documents or incomplete sections, are common.

This guide walks through who needs an I-9, the deadlines, how to complete each section, how document review works, remote examination, reverification, record retention and the mistakes to avoid.

Note: This is general information, not legal advice. Form I-9 rules and the form itself are updated from time to time. Always use the current version and instructions from USCIS, and talk with an immigration attorney about specific situations.

Who Must Complete Form I-9?

USCIS says employers must complete and retain Form I-9 for every person they hire for employment in the United States. That includes citizens and noncitizens, full-time and part-time employees. The form stays in your records.

If you're unsure whether someone is an employee or a contractor, see W-2 vs 1099 employee checklist.

Form I-9 Deadlines

Federal regulations at 8 CFR 274a.2 say that when employment lasts less than three business days, the employer must examine documents and complete Section 2 at the time of hire, and a receipt can't be accepted in place of a required document in that situation.

Completing Section 1: Employee Information

The employee fills out Section 1, including their name, address, date of birth and citizenship or immigration status, and signs the attestation. Some fields are optional, so check the current instructions for which ones.

Tips for employers:

• Give new hires the current form and instructions before or on their first day.
• Make sure Section 1 is complete and signed before moving to Section 2.
• Don't fill in Section 1 for the employee unless you're acting as a preparer or translator and complete the preparer area.
• Don't ask for documents to support Section 1 answers beyond what Section 2 requires.

Completing Section 2: Document Review

In Section 2, the employer reviews the employee's documents and records information about them. Under 8 CFR 274a.2, the employee may present either one document from List A that shows both identity and employment authorization, or one document from List B (identity) plus one from List C (employment authorization). Only unexpired documents are acceptable.

Check the current Lists of Acceptable Documents on the form, since the full list is longer and has specific rules.

Physically Examine the Documents

The regulation requires the employer to physically examine the documents, or use an alternative procedure that has been authorized, and make sure they reasonably appear to be genuine and to relate to the person presenting them. You aren't expected to be a document expert, but you should look at the original, not a photocopy, unless you're using the remote procedure described below.

Let the Employee Choose Which Documents to Present

This is one of the most important rules. Worker.gov, the Department of Labor's worker site, says employers must allow employees to choose which valid documentation to show, and that employers may not refuse to accept lawful documentation that establishes employment eligibility. Asking for more documentation than the Form I-9 requires can be discrimination.

Don't ask for a specific document, like "bring your passport" or "we need your green card." Instead, give the employee the Lists of Acceptable Documents and let them decide. The Department of Justice's Immigrant and Employee Rights Section (IER) enforces rules against unfair documentary practices in the I-9 process.

Remote Examination for E-Verify Employers

USCIS offers an optional alternative procedure for remote document examination. According to USCIS, employers that participate in E-Verify in good standing are qualified to remotely examine employees' documentation. The steps USCIS lists include:

1. Examine copies of the documents, front and back if two-sided, to make sure they reasonably appear genuine and relate to the employee.
2. Conduct a live video interaction with the employee presenting the same documents.
3. Retain a clear and legible copy of the documentation.

USCIS says employers may choose to offer the alternative procedure only to remote hires and use physical examination for onsite or hybrid employees, but should not do so for a discriminatory purpose or treat employees differently based on citizenship, immigration status or national origin. See how to hire remote employees.

What Is E-Verify?

E-Verify is an online system that compares information from Form I-9 with government records. USCIS says employers that participate in E-Verify must still complete a Form I-9 for each newly hired employee. USCIS says federal contractors whose contracts include the E-Verify clause must use it, and some states may require certain employers to use it. Check your contracts and state law.

Reverification

If an employee's employment authorization is temporary, the regulation says the employer must reverify on Form I-9 no later than the date the authorization expires. The employee presents a document showing continuing employment authorization or a new grant of authorization. Track expiration dates so you don't miss them. USCIS instructions explain which documents need reverification and which don't, so check them before asking an employee for new documents.

Use the reverification section of the current form (Supplement B) and keep it with the original I-9.

How Long to Keep Form I-9

Under 8 CFR 274a.2, employers must keep each Form I-9 until three years after the date of hire or one year after employment ends, whichever is later.

Storage Tips

• Store I-9s separately from personnel files, so you can produce them without sharing other records.
• If you keep copies of documents, do it consistently for all employees, not just some.
• Protect the forms, since they contain sensitive personal information.
• Review and properly destroy forms that are past the retention period.

Fixing Mistakes on Form I-9

Mistakes happen. USCIS publishes guidance on self-audits and correcting errors, so follow its current instructions when you find a problem. As a general rule, be transparent: don't hide or backdate changes, and if you discover a form is missing, complete one as soon as you find out, using the current date, and keep a note explaining what happened.

Step-by-Step I-9 Process for Small Businesses

1. Make the job offer and set a start date.
2. Give the new hire the current Form I-9 and Lists of Acceptable Documents.
3. Have the employee complete Section 1 by the first day of work for pay.
4. Review the documents the employee chooses within three business days.
5. Complete and sign Section 2.
6. Use E-Verify if required or if you've enrolled.
7. Store the form securely, separately from personnel files.
8. Track reverification dates for temporary authorization.
9. Destroy forms after the retention period.

Add the I-9 to your onboarding steps. See the new hire orientation checklist.

Common Form I-9 Mistakes

• Missing the three-business-day deadline for Section 2.
• Asking for specific documents instead of letting the employee choose.
• Asking for more documents than the form requires.
• Accepting expired documents or photocopies without the remote procedure.
• Incomplete Section 1 or missing signatures.
• Using an outdated version of the form.
• Missing reverification dates.
• Having candidates complete Form I-9 before they accept a job offer, or completing it for only some employees.
• Keeping forms in personnel files or destroying them too early.
• Backdating late forms.

Form I-9 Checklist

Remote and Multi-Location Hiring

Small businesses with crews in the field or employees in different locations often wonder who can complete Section 2. Many businesses have a trained manager at each location examine documents and complete Section 2 on the business's behalf. The business is still responsible for completing the form correctly, so train anyone who helps.

If you're not enrolled in E-Verify, the remote alternative procedure isn't available, so plan for physical document examination, such as having the new hire meet a manager or representative in person during the first three business days.

Rehires

When you rehire a former employee, you may be able to use their previous Form I-9 in some situations instead of completing a new one, depending on how long ago they left and whether their authorization is still valid. Check the current USCIS instructions for rehires before deciding, and complete a new form whenever you're unsure.

Sample New-Hire Message About Form I-9

Self-Audits

Reviewing your I-9s once a year helps you find and fix problems before an inspection. A simple self-audit:

1. Make a list of current employees and former employees whose forms you still need to keep.
2. Confirm you have a form for each person who needs one.
3. Check that Sections 1 and 2 are complete, signed and dated.
4. Check that the documents recorded match the lists and weren't expired when presented.
5. Note reverification dates coming up.
6. Identify forms past the retention period that can be destroyed.
7. Correct errors following current USCIS guidance, and keep a note of what was done.

Treat every employee the same in an audit. Don't single out employees based on citizenship, national origin or appearance.

Questions to Ask Before Your First Hire

• Who will complete Section 2, and do they know the deadline?
• Will you use E-Verify, and is it required for your contracts or state?
• Where will completed forms be stored?
• How will you track reverification dates?
• How will you calculate retention dates when someone leaves?

Avoiding Discrimination in the I-9 Process

The I-9 process must be applied the same way to every new hire. Practical rules:

• Complete Form I-9 for every new hire, not just people you think might be noncitizens.
• Don't ask for Form I-9 documents until the person has accepted a job offer.
• Accept any valid combination of documents from the lists.
• Don't reject documents just because they look unfamiliar, as long as they reasonably appear genuine.
• Use the same process, physical or remote, for employees in the same situation.

For questions about fair treatment in the I-9 process, the Department of Justice's Immigrant and Employee Rights Section offers information for employers and workers.

Quick Reference

Keep Onboarding on Track With Updoot

Updoot's SOP management turns your hiring steps, including Form I-9 deadlines, into a repeatable checklist for every new hire. The employee time clock records the first day of work for pay, which helps you track the Section 1 and Section 2 deadlines.

Sources

• USCIS: Complete and Correct Form I-9
• eCFR: 8 CFR 274a.2, Verification of Identity and Employment Authorization
• USCIS: Remote Examination of Documents
• USCIS: E-Verify, the Web-Based Verification Companion to Form I-9
• Worker.gov: Citizenship and Immigration Documentation
• U.S. DOJ: Immigrant and Employee Rights Section

Frequently Asked Questions