Important: please read
This is general information, not legal advice. It covers federal rules only, unless we say otherwise. State and local law may be different or stricter: check our state employment law hub. Always check the official source before you act. Rules can change. Resources disclaimer
In short
- Complete Form I-9 for every employee hired after November 6, 1986.
- Section 1: the employee, no later than the first day of work for pay.
- Section 2: the employer, no later than the 3rd business day after the employee starts work for pay.
- The employee shows one List A document, or one List B plus one List C document. They choose which.
- Keep each form for 3 years after the hire date or 1 year after employment ends, whichever is later.
Which edition to use
E-Verify reports that the revised Form I-9 with edition date 01/20/25 and expiration date 05/31/2027 is available, and that some earlier editions stay valid until their own expiration dates. [E-Verify] (opens in a new tab) Always download the form from the USCIS Form I-9 page and check the edition date shown there before use. [USCIS] (opens in a new tab)
Deadlines
| Section | Who | Deadline |
|---|---|---|
| Section 1 | Employee | No later than the first day of work for pay [USCIS] (opens in a new tab) |
| Section 2 | Employer | No later than the 3rd business day after the employee starts work for pay [USCIS] (opens in a new tab) |
| E-Verify case (if you use E-Verify) | Employer | No later than the 3rd business day after the employee starts work for pay [E-Verify] (opens in a new tab) |
Example: an employee starts work for pay on a Monday. If Monday to Thursday are business days for you, Section 2 is due by Thursday.
Acceptable documents
- List A shows both identity and permission to work (for example, a US passport). One List A document is enough. [USCIS] (opens in a new tab)
- List B shows identity only. It must be paired with a List C document. [USCIS] (opens in a new tab)
- List C shows permission to work only.
- Documents must be unexpired. The employee chooses which acceptable documents to show; check the full lists on the USCIS page before telling an employee what to bring.
How long to keep Form I-9
Keep each form for 3 years after the date of hire or 1 year after employment ends, whichever is later. [USCIS M-274] (opens in a new tab)
| Employee | Hired | Left | Keep until |
|---|---|---|---|
| A | March 1, 2026 | June 30, 2026 | March 1, 2029 (3 years after hire is later) |
| B | March 1, 2022 | September 30, 2026 | September 30, 2027 (1 year after leaving is later) |
E-Verify
E-Verify is a voluntary program for most employers. Federal contractors with the E-Verify clause, employers in states whose laws require it, and employers under a court order may have to use it. E-Verify does not replace Form I-9. [E-Verify] (opens in a new tab) Use our free E-Verify checker to see your state's rules.
Common mistakes
- Using an expired edition of the form. Check the edition date on the USCIS page.
- Completing Section 2 after the 3rd business day.
- Asking for specific documents, or for more documents than the form requires.
- Shredding forms too early, or keeping them forever with no retention schedule.
- Thinking E-Verify removes the need for Form I-9. It doesn't.
Related free tools
Official sources
- USCIS: Form I-9 (opens in a new tab)
- USCIS I-9 Central: Complete and correct Form I-9 (opens in a new tab)
- USCIS I-9 Central: Acceptable documents (opens in a new tab)
- USCIS M-274 Handbook: Retaining Form I-9 (opens in a new tab)
- E-Verify: New Form I-9 (edition 01/20/25) (opens in a new tab)
- E-Verify: Verification process (opens in a new tab)
- E-Verify User Manual 1.1: Background and overview (opens in a new tab)
Checked . If a source has changed since then, the official source wins.
Frequently asked questions
Who has to fill out Form I-9?
Every employer must complete and keep Form I-9 for each person hired for employment in the US after November 6, 1986, including US citizens.
What is the deadline for Section 2?
No later than the 3rd business day after the employee starts work for pay (USCIS).
Which edition of Form I-9 is current?
E-Verify reports the 01/20/25 edition, which expires 05/31/2027, and says some earlier editions remain valid until their own expiration dates. Always check the USCIS Form I-9 page before use.
How long do I keep Form I-9?
3 years after the date of hire or 1 year after employment ends, whichever is later.
Do I need to use E-Verify?
E-Verify is voluntary for most employers, but some federal contractors and employers in some states must use it. Check our E-Verify checker for your state.
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