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Form I-9 Checklist: Employment Eligibility Verification

HR and Employer Compliance Resource

Complete Form I-9 correctly and on time with our Form I-9 checklist. For HR professionals, hiring managers, and employers in the U.S. Form I-9 verifies identity and employment authorization for new hires. This checklist covers Section 1 (employee by first day), Section 2 (employer within 3 business days), acceptable documents (List A or List B + List C), physical examination of documents, reverification when required, retention rules, and E-Verify if applicable. Use it to avoid common errors, ICE penalties, and discrimination claims.

Key Benefits

Meet Section 1 and Section 2 deadlines (first day; 3 business days)
Verify acceptable documents and avoid discrimination
Examine documents in person (or remote under temporary rules)
Handle reverification and retention correctly
Reduce risk of penalties and audits
Professional I-9 compliance workflow

Common Use Cases

HR completing I-9 for new hires in the U.S.Employers ensuring I-9 compliance before and after hireReverifying employees with expiring work authorizationPreparing for I-9 audits or self-auditsRemote hire I-9 (per DHS temporary flexibilities when in effect)E-Verify employers following I-9 and E-Verify rules

Frequently Asked Questions

What is Form I-9?
Form I-9 (Employment Eligibility Verification) is a U.S. form required by law for every new hire to verify identity and authorization to work. The employee completes Section 1 on or before the first day of employment. The employer completes Section 2 within 3 business days of the first day, after physically examining acceptable documents. Retain the form for the required period (e.g. 3 years after hire or 1 year after termination, whichever is later).
When must Section 1 and Section 2 be completed?
Section 1 must be completed by the employee no later than the first day of employment. Section 2 must be completed by the employer within 3 business days of the employee's first day. If the employee does not present acceptable documents by the end of the third business day, employment must cease until they do (or you may terminate per policy).
What documents are acceptable for Form I-9?
The employee must present either one document from List A (e.g. U.S. passport, permanent resident card) which establishes both identity and employment authorization, or one from List B (identity, e.g. driver's license) plus one from List C (employment authorization, e.g. Social Security card). Only unexpired documents are acceptable unless the List shows otherwise. Use the current Lists on the form or at uscis.gov/i-9.
How long must we retain Form I-9?
Retain Form I-9 for at least 3 years after the date of hire, or 1 year after the date employment ends, whichever is later. Store securely (e.g. separate from personnel file) and make available for inspection by DHS, DOL, or OSC upon 3 days' notice. Destroy only after the retention period.

Checklist

Section 1

Employee completes Section 1 on or before first day of employment
Required

Provide the employee with the I-9 (paper or electronic). They must fill Section 1 no later than the first day of work. Ensure they use their legal name, check citizenship/immigration status, sign and date. Corrections: draw a line through the error, initial, and write the correct information.

If someone else prepared or translated Section 1, complete Preparer/Translator certification

If an preparer and/or translator assisted the employee, that person must complete the Preparer/Translator Certification block in Section 1. Employee still signs Section 1.

Section 2

Employee presents acceptable documents: List A only, or List B + List C
Required

List A: one document (e.g. U.S. passport) proves both identity and work authorization. Or List B (identity, e.g. driver's license) plus List C (work authorization, e.g. unrestricted SSN card). Documents must be unexpired unless the form's Lists allow. Reject only if documents do not reasonably appear genuine and relate to the employee.

Examine documents in the employee's physical presence (or per DHS remote flexibilities)
Required

You must physically examine original documents in the employee's presence (or follow DHS-authorized remote procedures when in effect). Note the document title, issuing authority, number, and expiration date in Section 2. Do not request more or different documents than the form requires—anti-discrimination rule.

Employer completes Section 2 within 3 business days of first day of employment
Required

Complete Section 2 by the end of the third business day after the employee's first day. If documents are not presented by then, you may not continue to employ (or may terminate per policy) until they present. Document the date you examined the documents.

Authorized representative signs and dates Section 2
Required

Only an authorized representative of the employer may sign Section 2. Print that person's name and title. Date must be when documents were examined (on or before the 3-business-day deadline).

Reverification

Reverify employment authorization when required (Section 3 or new I-9)

If the employee's work authorization in Section 1 or in List A/C documents has an expiration date, you must reverify on or before that date. Use Section 3 of the same form (or complete a new I-9). Record the new document and date. Do not reverify U.S. citizens or LPRs based on documents that do not expire.

E-Verify

If using E-Verify: create case and resolve any tentative nonconfirmations per policy

If your company uses E-Verify, create the case after Section 2 is complete (by the end of the third business day). Follow procedures for tentative nonconfirmation (TNC): inform employee, allow them to contest, and do not take adverse action until E-Verify result is final. Document and retain E-Verify case information.

Retention

Retain Form I-9 securely for required period (3 years after hire or 1 year after termination, whichever later)
Required

Keep I-9 for at least 3 years from date of hire or 1 year from date employment ends, whichever is later. Store separately from the personnel file; limit access. May be paper or electronic if the system meets DHS standards. Produce for inspection upon 3 days' notice.

Compliance

Do not request specific documents or more than the form requires (anti-discrimination)
Required

The employee chooses which acceptable documents to present. You cannot require a particular document (e.g. green card over driver's license + SSN). Requesting more or different documents than the form requires may violate IRCA anti-discrimination provisions. Accept any valid combination from the Lists.