Compiled by the I9AuditReady Research Team · Last Updated: April 2026

I-9 Verification: Complete Employer Guide (2026)

Key Facts

Employers must complete Section 2 of Form I-9 within 3 business days of an employee's first day of employment under 8 CFR 274a.2(b)(1)(ii).
Employees must complete Section 1 of Form I-9 on or before their first day of work for pay.
As of 2023, USCIS authorized remote document examination for E-Verify enrolled employers as an alternative to in-person verification under certain conditions.
Penalties for substantive I-9 violations range from $252 to $2,507 per form for first-time offenders and from $2,507 to $6,269 for repeat offenders under 2026 adjusted rates.
Under INA Section 274B, employers cannot request more or different documents than required, and cannot refuse to accept documents that appear genuine on their face.

What Is Form I-9 and Why Does It Exist?

Form I-9 is a federal employment eligibility verification form required by the Immigration Reform and Control Act of 1986 (IRCA). Every U.S. employer must complete an I-9 for every employee hired for pay after November 6, 1986. The form confirms that the employee is authorized to work in the United States and that the employer has examined identity and work authorization documents.

Section 1: What the Employee Must Complete

Section 1 must be completed by the employee on or before their first day of work. It captures the employee's name, address, date of birth, attestation of citizenship or immigration status, and signature. Preparer and translator sections apply if someone helped the employee complete the form. The employee — not the employer — completes Section 1. Never backdate or alter a completed Section 1.

Section 2: What the Employer Must Do (3-Day Deadline)

The employer or authorized representative must complete Section 2 within 3 business days of the employee's first day of work. This requires physically examining original documents presented by the employee. You must record the document title, issuing authority, document number, and expiration date. You then sign and date Section 2, attesting that the documents appeared genuine. If an employee is hired for fewer than 3 days, Section 2 must be completed before the end of the first day.

Acceptable Documents: List A, B, and C

Employees may present one document from List A alone (documents that establish both identity and employment authorization), or one document from List B (identity only) combined with one document from List C (employment authorization only). Common List A documents include U.S. Passports, Permanent Resident Cards, and Employment Authorization Documents (EADs). Common List B documents include Driver's Licenses and State IDs. Common List C documents include Social Security Cards and U.S. Birth Certificates. The employer cannot require a specific document from these lists.

How to Examine Documents Properly

You must examine original documents — no photocopies are acceptable for the examination itself. Documents must appear to be genuine and to relate to the employee presenting them. If a document does not appear genuine, you should not accept it. However, you cannot require additional documents if an acceptable document has been provided. USCIS's "reasonable person" standard applies: if a document would not appear genuine to a reasonable person, it should not be accepted. Retain a photocopy of documents as best practice, though not federally required (E-Verify participants must retain copies).

Anti-Discrimination Rules You Must Follow

Under INA Section 274B, it is illegal to discriminate in the I-9 process based on citizenship status or national origin. You cannot: require specific documents based on where an employee is from; demand more documents than required; refuse to accept valid documents; or start the I-9 process selectively (e.g., only for employees who appear foreign-born). These anti-discrimination rules apply regardless of the size of your workforce.

Retention: How Long to Keep I-9 Records

You must retain the I-9 for each employee for whichever period is longer: 3 years from the date of hire, or 1 year after the date of termination. For active employees, the 3-year-from-hire rule always applies. Keep I-9 records separate from the employee's general personnel file. USCIS may inspect I-9 records at any time — ensure they are accessible within 3 business days of a Notice of Inspection.

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Frequently Asked Questions

Can I complete Section 2 remotely without seeing the employee's documents in person?

Employers enrolled in E-Verify may use an authorized representative to examine documents if following the DHS-authorized alternative procedure. Non-E-Verify employers must examine original documents in person. Remote examination using video calls does not satisfy the standard requirement.

What if an employee refuses to provide documents for Section 2?

An employee who cannot or will not provide acceptable documents within 3 business days cannot legally work for you. Continuing to employ someone who has not provided documentation exposes you to "knowingly employ" violations, which carry significantly higher fines.

Do I need a new I-9 if I rehire a former employee?

If you rehire an employee within 3 years of their original I-9 date and their work authorization has not expired, you may complete Section 3 for rehires. If more than 3 years have passed, or if their original I-9 has errors, complete an entirely new I-9.

What is a "technical error" on an I-9 and can it be corrected?

Technical errors include things like missing the employer signature, leaving date fields blank, or incorrect document field entries. These are generally correctable. Draw a single line through the incorrect information, enter the correct information, and initial and date the correction. Never use correction fluid (white-out) on an I-9.

Are unpaid interns required to complete Form I-9?

I-9 requirements apply to individuals hired "for employment," meaning for pay or other remuneration. True unpaid interns who receive no wages or compensation do not require an I-9. However, if an intern receives any form of compensation — including academic credit counted as pay — consult legal counsel on whether an I-9 is required.

I9AuditReady provides employer compliance tools and research — not legal advice. It is not a law firm and does not create an attorney-client relationship. Always verify rules against current USCIS guidance and consult a qualified immigration attorney for your specific situation.