Reviewed August 26, 2026. Form I-9 requirements apply to U.S. employers hiring individuals for employment in the United States. The employee completes Section 1 no later than the first day of employment, and the employer or an authorized representative completes Section 2 after examining acceptable documents within the required timeframe. This guide summarizes the current workflow and preserves the page’s original 2020 update as historical context.
Employers should use the current USCIS Form I-9 and its instructions. USCIS states that employers must use the edition dated 08/01/23; forms showing an expiration date of either 07/31/2026 or 05/31/2027 remain acceptable because the edition date is the controlling identifier.
Form I-9 Requirements at a Glance
| Step | Employer control | Key timing or evidence |
|---|---|---|
| Offer accepted | Provide the form and instructions without requesting documents before an offer is accepted. | The employee may complete Section 1 before starting, but not before accepting the job offer. |
| Section 1 | Check that required employee information and attestation are complete. | No later than the employee’s first day of employment. |
| Document review and Section 2 | Examine original acceptable documents, or use the authorized remote procedure when eligible, and record the information accurately. | Generally within three business days after the first day of employment. |
| Reverification or rehire | Use Supplement B when the USCIS rules permit it; do not reverify U.S. citizens or lawful permanent residents merely because a document expires. | Track only employment-authorization dates that require reverification. |
| Retention | Store the completed form and related records securely and make them retrievable for an authorized inspection. | Three years after hire or one year after employment ends, whichever is later. |
Use the Current Form and Instructions
Do not rely on a form’s expiration date alone. Confirm the edition date in the lower-left corner against the current USCIS page before use. Maintain one controlled source for blank forms and instructions so managers do not download or reuse outdated copies.
The employee—not the employer—chooses which unexpired document or document combination to present from the Lists of Acceptable Documents. An employer may accept one List A document, or one List B document plus one List C document, when the documents reasonably appear genuine and relate to the person presenting them. Avoid requesting a specific document, extra documents, or different documentation based on citizenship, immigration status, national origin, or other protected characteristics.
A Practical Employer Workflow
1. Assign clear ownership
Identify who provides the form, reviews Section 1, examines documents, completes Section 2, handles reverification, maintains retention dates, and responds to government inspections. Train backups so the process does not stop when the primary administrator is unavailable.
2. Separate onboarding convenience from compliance controls
Electronic onboarding can simplify routing, but the employer remains responsible for accuracy, signatures, access controls, audit trails, retention, and production of readable records. Review system settings whenever USCIS changes the form or instructions.
3. Complete Section 1 on time
Employees must complete and sign Section 1 no later than their first day of employment. A preparer or translator who assists must complete the appropriate certification. Review the section for missing required fields without coaching the employee toward a particular citizenship or immigration-status selection.
4. Examine documents and complete Section 2
The employer or authorized representative must examine acceptable documents and complete Section 2. Employers may designate an authorized representative, but the employer remains responsible for violations connected with the representative’s work. Give representatives written instructions, a review checklist, and a secure return method.
5. Use remote document examination only when qualified
Physical inspection remains available. A DHS-authorized remote examination alternative is available to employers participating in E-Verify in good standing at qualifying hiring sites. It requires copies of the documents, a live video interaction, the appropriate Form I-9 notation, and document retention. Do not treat ordinary video review as compliant remote examination when the eligibility and procedural conditions are not met.
6. Manage reverification carefully
Reverify expiring employment authorization when required; do not reverify identity documents merely because they expire. Use the current USCIS rules for automatic extensions, receipts, temporary protected status, rehires, name changes, and other special situations because these details can change.
7. Retain and dispose of records consistently
USCIS requires retention for three years after the date of hire or one year after employment ends, whichever is later. Use a documented retention calculation, secure storage, restricted access, and a controlled destruction process. If document copies are retained, apply the organization’s copying practice consistently and follow E-Verify-specific requirements.
8. Correct errors without concealing the history
For paper forms, USCIS generally directs employers to draw a line through incorrect information, enter the correction, and initial and date it. Do not backdate, use correction fluid, or create an unexplained replacement. For electronic systems, preserve the audit trail. Use the current USCIS self-audit and correction guidance before making changes.
Form I-9 Internal Audit Checklist
- Confirm that the current edition is the only blank version in circulation.
- Compare hire dates with Section 1 and Section 2 completion dates.
- Check required fields, signatures, document entries, and authorized-representative details.
- Review reverification tracking without requesting unnecessary documents.
- Verify that remote examinations meet the E-Verify and DHS conditions.
- Test record retrieval, access controls, backup, and retention calculations.
- Correct errors transparently and document the reason for substantive changes.
- Use a neutral review method across locations and employee groups.
Common Form I-9 Mistakes
- Using an obsolete edition or relying only on the printed expiration date.
- Completing the form before a candidate accepts an offer.
- Asking an employee for a preferred or additional document.
- Missing the Section 2 deadline or entering incomplete document data.
- Assuming an authorized representative transfers liability away from the employer.
- Using video review without meeting the DHS alternative-procedure requirements.
- Reverifying documents or employees who should not be reverified.
- Backdating or obscuring corrections.
- Keeping records indefinitely without a retention schedule, or destroying them too early.
Historical Note: The 2020 Form I-9 Update
This page originally reported the January 31, 2020 publication of the Form I-9 edition dated 10/21/2019 and its May 1, 2020 use date. That edition and its former deadlines are historical and should not be used as current instructions. The enduring lesson is to verify the edition and instructions directly with USCIS whenever the agency updates the form.
Connect I-9 Review to the Broader HR System
Form I-9 controls work best when they align with recruiting, onboarding, record retention, HR audits, and manager training. Review JER HR Group’s HR audit process, use the HR compliance risk assessment, or explore regulatory compliance support. To discuss an I-9 process review or broader hiring-compliance project, contact JER HR Group.
This article provides general HR compliance information, not legal advice. Form I-9, E-Verify, immigration, recordkeeping, and state-law requirements can change. Confirm current USCIS instructions and obtain qualified legal guidance for specific facts.
About the original contributor: Graham Dail, M.Ed., CHCM, is a Senior Consultant with JER HR Group with more than 30 years of experience in professional-development training, HR support, compliance training, labor relations, workplace investigations, safety, and HR management. His experience provides practical context for employer process design; current legal questions should be reviewed with qualified counsel.
