I-9 and E-Verify checklist: how do I complete Form I-9 and use E-Verify?
Every employer must complete Form I-9 for each hire; use this I-9 and E-Verify checklist. The employee completes Section 1 on or before the first day of work. You complete Section 2 within three business days of the hire by examining original documents. Keep the form for the later of three years after hire or one year after employment ends.
US federal rules as of 31 October 2026.
At a glance
- Form I-9 confirms identity and work authorization. It is not an immigration sponsorship step.
- Section 1: employee, no later than the first day of work. Section 2: employer, within three business days of the hire.
- For a job that lasts less than three business days, finish Section 2 at the time of hire.
- E-Verify is a separate, online system run with the federal government. It is voluntary for most employers and required for some, such as federal contractors covered by the FAR clause.
The checklist
| # | Step | Who | Notes |
|---|---|---|---|
| 1 | Use the current Form I-9 edition and the instructions | HR | Download from the USCIS site and check the edition date. |
| 2 | Give the employee the Lists of Acceptable Documents | HR | Provide as a hard copy or a hyperlink. Let the employee choose which acceptable documents to present. |
| 3 | Employee completes Section 1 | Employee | On or before the first day of work. |
| 4 | Examine original documents | Employer rep | Within three business days of the hire, in the employee's presence unless you use a DHS-authorized remote alternative procedure. |
| 5 | Complete Section 2 | Employer rep | Record document details exactly as shown. If you used the remote alternative procedure, check the box in Section 2. |
| 6 | Store the form | HR | Keep it for the retention period below and be able to produce it on request. |
| 7 | Set a destroy date | HR | The later of three years after hire or one year after employment ends. |
| 8 | Reverify when needed | HR | Track expiry dates of temporary work authorization. |
What documents can an employee choose?
The employee chooses which acceptable documents to present from the official lists: either one document that proves both identity and work authorization (List A), or one identity document (List B) plus one work authorization document (List C). The current lists are on the Form I-9 page of the USCIS site.
Where does E-Verify fit?
E-Verify compares the information from Form I-9 with government records to confirm work authorization. Employers who enroll follow the E-Verify rules for creating and closing each case, and must use it consistently for all new hires at the enrolled site. Federal contractors with the FAR clause must enroll. Use the instructions on e-verify.gov for case timing, because the rules are specific and updated.
If you employ F-1 students on STEM OPT, see E-Verify for STEM OPT employers.
For state-specific E-Verify rules, see E-Verify requirements by state.
Common mistakes
- Completing Section 2 before the employee finishes Section 1.
- Accepting photocopies when originals are required.
- Asking for a particular document, such as a green card, from only some employees.
- Throwing forms away too early, or never.
FAQ
Do I complete an I-9 for independent contractors? The I-9 is for employees. See contractor vs employee to confirm the worker really is a contractor.
Can I complete the I-9 before the person starts? Section 1 is the employee's part and is due no later than the first day of work. Section 2 is due within three business days of the hire.
Who keeps the form for a recruiter-referred hire? Employers keep it for the period above; recruiters and referrers for a fee have their own retention rule in 8 CFR 274a.2.
Sources
- USCIS, Form I-9 Central - https://www.uscis.gov/i-9-central (accessed 31 October 2026)
- USCIS, Form I-9 - https://www.uscis.gov/i-9 (accessed 31 October 2026)
- 8 CFR 274a.2, Verification of identity and employment authorization - https://www.law.cornell.edu/cfr/text/8/274a.2 (accessed 31 October 2026)
- E-Verify, Employers - https://www.e-verify.gov/employers (accessed 31 October 2026)
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.