Since August 1, 2026, employers can only use a Form I-9 that shows an expiration date of 05/31/2027 for new hires, and electronic systems had to be updated by July 31, 2026, according to USCIS. The current edition is dated 01/20/25. A form with the older 07/31/2026 expiration date is out, and it is an easy mistake to make if your system or your printed stack is out of date.
Form I-9 is one of the most audited pieces of paperwork in HR, and small errors are fined per form. This guide shows you how to complete each section, meet the deadlines, run E-Verify, and keep your files ready for an inspection. It also explains what changed in 2026.
What Is Form I-9 and Who Needs One?
Form I-9, Employment Eligibility Verification, is how you confirm each new employee’s identity and permission to work in the United States. You complete one for every employee you hire, no matter their citizenship, and no matter whether they work full time, part time, or seasonally. If you are not sure how part-time status works, see our guide on how many hours a part-time job is. A part-time employee is still an employee and still needs an I-9.
You do not complete Form I-9 for independent contractors. You also do not send the form to the government. You keep it and show it if an agency asks to inspect it.
E-Verify is a separate step. It is a free online system run by the Department of Homeland Security and the Social Security Administration that checks the information from the I-9 against government records. It is required for some employers and optional for others.
What Is New for Form I-9 in 2026?
- The current edition is 01/20/25. It expires 05/31/2027. There is no separate 2026 edition. Look at the edition date in the bottom left corner and the expiration date in the top right.
- The old 07/31/2026 printing is no longer usable. Employers who use an electronic I-9 system needed the 05/31/2027 version in place by July 31, 2026. Check that your vendor made the change.
- ICE changed how it treats some errors. According to law firm reports, ICE updated its I-9 inspection fact sheet on March 16, 2026. More than 10 kinds of errors that used to get a 10-day chance to fix, such as a missing date of birth, a missing hire date, or an undated signature, are now treated as substantive violations that can be fined right away. Read the current ICE fact sheet or ask an immigration attorney how it applies to you.
- Penalty amounts. The most recent published range for paperwork violations is $288 to $2,861 per form. Knowingly hiring or continuing to employ an unauthorized worker costs $716 to $5,724 per worker for a first offense, and rises with repeat offenses. These amounts are adjusted for inflation, so confirm the current figures.
For example, if an audit finds 20 forms with substantive errors, the fine range is 20 × $288 = $5,760 at the low end and 20 × $2,861 = $57,220 at the high end.
What Are the I-9 Deadlines?
- Section 1: The employee completes it no later than their first day of work for pay. They can complete it earlier, after they accept your job offer.
- Section 2: You complete it within 3 business days after the employee’s first day of work. If the job lasts fewer than 3 business days, complete Section 2 by the end of the first day.
- E-Verify case: If you use E-Verify, you must create a case no later than the third business day after the employee starts work for pay.
Here is an example. A new employee starts on Monday, October 5, 2026.
- Monday, October 5: The employee completes Section 1.
- Thursday, October 8: You finish Section 2 and create the E-Verify case. This is the third business day after the start date, and it is the last day for both.
Do not count the first day of work. Weekends and federal holidays do not count as business days for the 3-day rule.
How Do You Complete Form I-9 Step by Step?
Give the Employee the Current Form
Download the form from the USCIS website, or use an electronic system that shows the correct edition. Give the employee the instructions and the list of acceptable documents. Do not fill in Section 1 for them, unless they ask for help, and then you must complete Supplement A.
The Employee Completes Section 1
The employee enters their name, address, date of birth, and other details. They check one box to attest to their status: a citizen of the United States, a noncitizen national, a lawful permanent resident, or a noncitizen authorized to work. Those who are not citizens or permanent residents also enter the date their work authorization expires. Then they sign and date the form.
The Employee Chooses Documents
The employee picks which documents to show you. See the next section for the lists. You may not tell them which documents to bring.
You Examine the Documents
Look at the original documents in the employee’s presence, or use the remote option described below. Check that they look genuine and relate to the person. Do not ask for more documents than the form requires, and do not reject valid documents that look different from what you expect.
You Complete Section 2
Record the document title, issuing authority, number, and expiration date for each document. Enter the first day of employment, then sign and date. Use your name and title, and include your company name and address.
Use Supplements When Needed
Use Supplement A when a preparer or translator helped the employee with Section 1. Use Supplement B when you reverify an employee or rehire someone.
Store the Form
Keep completed forms where you can pull them quickly. Many employers keep them separate from personnel files, which makes inspections and audits easier. Do not send them to USCIS or ICE.
Can You Verify Documents Remotely?
Yes, but only if you are enrolled in E-Verify and in good standing. The alternative procedure works like this:
- Examine copies of the documents, front and back, that the employee sends you.
- Hold a live video call with the employee and compare the documents they hold up to the copies.
- Keep clear copies of the documents with the form.
- Check the alternative procedure box in Section 2.
Use the same procedure for all employees at a location or for all remote employees, and do not choose based on citizenship or national origin. If you are not in E-Verify, an authorized representative may need to see original documents in person.
Which Documents Are Acceptable?
The employee chooses from these lists:
- List A: One document that proves both identity and work authorization. Examples include a U.S. passport or passport card, a Permanent Resident Card, and an Employment Authorization Document.
- List B plus List C: One document that proves identity, plus one that proves work authorization. Examples of List B include a driver’s license or state ID card. Examples of List C include an unrestricted Social Security card or a certified U.S. birth certificate.
If an employee cannot provide a document because it was lost, stolen, or damaged, they can show you a receipt for a replacement. They must then give you the real document within 90 days. The employee must also be allowed to pick any valid document from the lists. Asking for a specific document, or asking for more than the form requires, can be discrimination based on citizenship status or national origin.
When Do You Reverify or Update a Form I-9?
Reverify only when an employee’s work authorization is set to expire. Use Supplement B before the expiration date, and let the employee choose which valid document to show. You do not reverify U.S. citizens, noncitizen nationals, or lawful permanent residents, and you do not reverify because a List B identity document expires.
If you rehire an employee within three years of the date on the original form, you may use the old I-9 and complete Supplement B. If a name changes, you can note it, but you are not required to create a new form.
How Long Do You Keep Forms I-9?
Keep each form for three years after the date of hire or one year after employment ends, whichever is later. Here is an example. An employee was hired March 1, 2024 and left June 30, 2026. Three years after hire is March 1, 2027. One year after leaving is June 30, 2027. You keep the form until June 30, 2027, since it is later.
When the retention period ends, you may destroy the form, unless another law or a legal hold requires you to keep it. Keep clear copies of documents if you used E-Verify photo matching, or if you followed the remote procedure.
What Is E-Verify and Who Must Use It?
E-Verify compares the information on an employee’s Form I-9 with records from the Department of Homeland Security and the Social Security Administration. It is free.
- Optional for many employers. Many employers can choose whether to enroll.
- Required in some states. A number of states require E-Verify for some or all employers, and the rules often depend on the size of your workforce. Alabama, Arizona, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Utah are among the states with such laws. Check your state’s rules.
- Required for many federal contractors. Contracts that include the E-Verify clause in the Federal Acquisition Regulation generally require it.
- Required for remote verification. You must be enrolled to use the remote document procedure.
If you enroll, you must use E-Verify for all new hires at your enrolled locations, not only some of them. You cannot use it to screen job applicants before you hire them, and you cannot use it on existing employees, unless you are a federal contractor with specific requirements.
How Do You E-Verify a New Hire?
Enroll and Sign the Agreement
Register on the E-Verify website, sign the Memorandum of Understanding, and complete the required training. Post the E-Verify participation notice and the Right to Work notice where applicants can see them.
Complete Form I-9 First
E-Verify starts with a completed Form I-9. Do not create a case until the employee has been hired and the form is done.
Create the Case on Time
Use the information from Form I-9 to create a case no later than the third business day after the employee starts work for pay, as described on the E-Verify verification process page. If you miss the deadline, create the case right away and give the reason for the delay. Some employers can also use E-Verify+, where the employee enters their own information, and can start a case up to 90 days before the start date once the employee has accepted the offer.
Check the Photo if the System Shows One
For some documents, such as U.S. passports and Permanent Resident Cards, E-Verify shows a government photo. Compare it to the photo on the document the employee gave you, not to the person’s appearance.
Read the Result
E-Verify returns one of these results:
- Employment Authorized: The information matched. Close the case.
- E-Verify Needs More Time: The case was referred for further review. Check back for a result.
- Tentative Nonconfirmation (mismatch): The information did not match, and more action is needed.
- Case in Continuance: The employee contacted the agency and more time is needed.
- Close Case and Resubmit: Close the case and create a new one.
- Final Nonconfirmation: The system could not confirm eligibility.
Handle a Tentative Nonconfirmation
A mismatch does not mean the employee is unauthorized to work. Follow these steps within 10 federal government working days of the result, as USCIS explains:
- Tell the employee about the result in private, as soon as possible.
- Give the employee a copy of the Further Action Notice and review it with them.
- Check that the information listed at the top of the notice is correct. If it is wrong, close the case and create a new one with the right information.
- Ask the employee whether they will contest the result, and record their answer.
- If the employee contests, refer the case in E-Verify and give them the Referral Date Confirmation.
While the case is open, the employee can keep working. You may not fire, suspend, delay training, or reduce pay because of the mismatch. If the employee does not contest, or the case ends in a Final Nonconfirmation, you may end employment, and you must close the case. Do not keep an employee on the job after a Final Nonconfirmation without following the program rules.
Close the Case and Keep Records
Close every case, and keep the case verification number and result with the employee’s I-9 file.
What Are the Most Common I-9 and E-Verify Mistakes?
- Using an old form edition, or an electronic system that still shows the 07/31/2026 expiration date.
- Completing Section 1 for the employee without a preparer statement.
- Missing signatures, dates, or the first day of employment.
- Telling the employee which documents to show.
- Completing Section 2 late.
- Reverifying citizens, or expired List B documents.
- Using the remote procedure without being an active E-Verify participant, or without checking the box.
- Creating E-Verify cases late or only for some hires.
- Taking action against an employee because of a mismatch.
- Keeping forms for too short a time, or losing them.
How Do You Stay Compliant When You Hire in Waves?
Hiring many people at once is when I-9 mistakes multiply. A few habits help:
- Assign one owner. Make one person responsible for I-9 quality, with a backup.
- Audit a sample every quarter. Check 10% of forms for missing fields, the right edition, and timing.
- Set up reminders for Section 2 and E-Verify deadlines and for reverification dates.
- Train managers to send new hires to HR instead of collecting documents themselves.
- Use a compliance calendar, like our payroll compliance checklist.
Some industries hire in bursts and face more risk:
- Hospitality: High turnover means constant onboarding. Read about employee turnover in the hospitality industry, and see payroll software for hospitality businesses that connects onboarding to pay setup.
- Retail: Seasonal hiring drives large batches of new forms. Retail payroll software can help you move new hires from I-9 to payroll quickly.
- Manufacturing: Temporary and shift workers need forms completed on their first days. See payroll software for manufacturing businesses.
- Cannabis: Licensing rules and background checks add to onboarding tasks, so keep I-9s organized. Learn more about payroll software for cannabis businesses.
- Financial services: Firms that hire remote or licensed staff often verify documents at a distance, which requires E-Verify enrollment. Payroll software for financial services firms can keep onboarding and pay records together.
If your I-9s, employee records, and payroll all live in different tools, HR & payroll solutions that connect them reduce the chance of mismatched names and dates.
Frequently Asked Questions
Do I need a Form I-9 for an independent contractor?
No. Form I-9 is only for employees. But be careful with classification. If a person you call a contractor is really an employee, you may need an I-9 and payroll records for them. See our guide on how to classify workers.
Can I complete Form I-9 before the employee starts?
Yes, but only after the person has accepted your job offer. You cannot ask for documents from job applicants. Section 2 can be completed once you have examined the documents, as long as it is done within 3 business days of the first day of work.
Do I need to keep copies of the employee’s documents?
Copying is optional under the I-9 rules, but if you copy documents for one employee, do it for all employees to avoid discrimination. You must keep copies if you use the remote procedure or if E-Verify shows a photo and asks you to copy the document.
Can I store Forms I-9 electronically?
Yes, if your system meets federal standards for security, audit trails, and electronic signatures, and you can produce readable copies on request. Ask your vendor to confirm compliance, and test that the form shows the right edition.
What if a new hire says they do not have any of their documents yet?
The employee must show acceptable documents within 3 business days of starting work. If a document was lost, stolen, or damaged, a receipt for the replacement can work for up to 90 days. Do not let the person continue past the deadline without documents, and do not tell them which documents to choose.
Do I need to E-Verify current employees?
Generally no. E-Verify is for new hires at the locations you have enrolled. Federal contractors that are covered by the federal E-Verify clause may have to verify certain existing employees who work on the contract.
Conclusion
Complete Form I-9 the same way every time. Use the 01/20/25 edition, have the employee finish Section 1 by the first day, and finish Section 2 within 3 business days. If you use E-Verify, create the case by the third business day and follow the mismatch steps without taking adverse action. Keep forms for the required time, audit a sample each quarter, and watch for the ICE changes in 2026.
