If you hire in the US, the I-9 is not optional and the deadlines are tight. The good news is the process is simple once you know the five steps and the traps to avoid. This is a plain-English, step-by-step guide to federal I-9 verification for employers, current for 2026, whether your new hire is across the desk or across the country.
Quick note: Form I-9 is officially titled the Employment Eligibility Verification form. If you have seen it called that, it is the same document.
1 Section 1 by day one
Have the employee complete Section 1 no later than their first day of work for pay. They can do it once they have accepted your offer, but not before. Check that every field is filled and signed, and that the attestation box matches their status.
2 Let the employee pick documents
The employee chooses either one List A document (identity and work authorization together, like a US passport) or one List B plus one List C (identity plus work authorization). This is the single most important rule for avoiding a discrimination claim:
3 Examine within 3 business days
Within three business days of the employee’s first day, examine their documents. They must reasonably appear to be genuine and to relate to the person. You examine originals in person, or, if you are enrolled in E-Verify in good standing, over live video using the DHS remote procedure.
4 Complete Section 2
Record the document titles, issuing authorities, numbers, and expiration dates in Section 2, then date and sign as the employer. If you used the remote procedure, note that. Accuracy here is what an auditor looks at first, so no blank fields and no guesses.
5 Store and reverify
Keep the completed I-9 on file, separate from the personnel file, for the required retention period: three years after the hire date, or one year after employment ends, whichever is later. Reverify work authorization using Supplement B only when a document with an expiration date lapses. Do not reverify permanent residents or US citizens.
6 Penalties and how to stay clean
Immigration and Customs Enforcement audits I-9s, and paperwork fines are assessed per form. A stack of small errors across a workforce can turn into a large bill. The cheapest insurance is a clean process:
- Use only the current form version
- Calendar the three-business-day deadline for every hire
- Complete every field and signature
- Track expiration dates for reverification
- Store forms consistently and be ready to produce them
Let us run your I-9s so you do not have to.
We verify documents, complete Section 2 on time, and keep your files audit-ready, in person or online across NYC.
Section 2 must be done within three business days of the employee’s first day of work. Section 1 is due by day one.
Can an employer tell an employee which documents to bring?
No. The employee chooses from the Lists of Acceptable Documents. Requiring specific documents can be discrimination.
How long do we keep I-9 forms?
Three years after the hire date or one year after the person leaves, whichever is later.
Do we need to reverify every employee?
No. Only reverify when a work authorization document expires. Never reverify US citizens or permanent residents.
Related: what I-9 verification is and I-9 for H-1B and remote hires.
More on I-9 verification: I-9 verification in NYC, online and remote I-9 verification, and who can verify an I-9.
This article is general information, not legal advice. Federal I-9 rules, retention periods, and penalties can change. Confirm current requirements with USCIS at uscis.gov/i-9 or a qualified professional.