Every U.S. employer must complete Form I-9 for every new hire, citizens included. The employee finishes Section 1 by their first day of work. You finish Section 2 within three business days, after examining original, unexpired documents the employee chooses. E-Verify is an optional (sometimes required) step that checks that I-9 information against government records.
This guide covers deadlines, acceptable documents, remote review, E-Verify, reverification, record retention and penalties. It also explains how I-9 differs from a background check.
What is Form I-9?
Form I-9, Employment Eligibility Verification, is the U.S. Citizenship and Immigration Services (USCIS) form that confirms a new hire’s identity and authorization to work in the United States. It applies to every employee hired after November 6, 1986, regardless of citizenship. You keep the form on file; you do not send it to the government unless asked.
Use the right edition. The current edition is dated 01/20/25 and expires 05/31/2027. The 08/01/23 edition with a 05/31/2027 expiration also remains valid. The 08/01/23 version that expired 07/31/2026 can no longer be used for new hires.
Form I-9 deadlines
| Step | Who | Deadline |
|---|---|---|
| Section 1: employee information and attestation | Employee | By the first day of work for pay |
| Section 2: document review and employer attestation | Employer | Within 3 business days after the first day of work |
| E-Verify case (if you use E-Verify) | Employer | By the 3rd business day after the employee starts work for pay |
| Supplement B: reverification | Employer | Before temporary work authorization expires |
If the job lasts less than three business days, complete Section 2 by the end of the first day.
Acceptable documents
The employee shows either one document from List A (identity and work authorization), or one from List B (identity) plus one from List C (work authorization).
- List A examples: U.S. passport or passport card, Permanent Resident Card, Employment Authorization Document.
- List B examples: driver’s license, state ID card, school ID with a photo.
- List C examples: Social Security card without restrictions, U.S. birth certificate.
The employee chooses which acceptable documents to present. Asking for specific documents, or more documents than required, can be illegal discrimination. Documents must be original and unexpired, and must reasonably appear genuine and relate to the person.
Can you review I-9 documents remotely?
Yes, if you use E-Verify. Employers enrolled in E-Verify and in good standing may use the DHS-authorized alternative procedure instead of a physical, in-person review:
- Have the employee send copies of their documents (front and back for two-sided documents).
- Within three business days, hold a live video call where the employee presents the same documents.
- Check the alternative procedure box on Form I-9.
- Keep clear copies of all documents examined.
- Create the E-Verify case.
Employers that do not use E-Verify must still examine documents in person, or through an authorized representative.
How E-Verify works
E-Verify is a free, internet-based USCIS system. It compares the information on an employee’s Form I-9 with Department of Homeland Security and Social Security Administration records, often in seconds.
- Timing: create the case only after the employee accepts the job and completes Form I-9, and no later than the third business day after they start work. E-Verify cannot be used to prescreen applicants.
- Photo matching: for a U.S. passport, Permanent Resident Card or Employment Authorization Document, you compare the document photo with the one E-Verify shows.
- Mismatches: if records don’t match, you must notify the employee so they can decide whether to take action to resolve it.
- Who must use it: E-Verify is voluntary for most employers. Some federal contractors and some states require it.
Reverification and the E-Verify Status Change Report
When an employee’s work authorization is temporary, reverify it on Supplement B before it expires. Accept any unexpired List A or List C document; List B documents are not used for reverification. Do not reverify U.S. citizens, or Permanent Resident Card holders when their card expires.
Since June 20, 2025, E-Verify has offered a Status Change Report. It lists employees whose Employment Authorization Documents were revoked, so you can reverify them on Supplement B. Do not open a new E-Verify case for reverification.
How long to keep Form I-9
Keep each Form I-9 for three years after the date of hire, or one year after employment ends, whichever is later. Store copies of documents, if you keep them, with the form, and apply the same practice to every employee.
Form I-9 penalties in 2026
I-9 enforcement has risen sharply. If Immigration and Customs Enforcement (ICE) serves a Notice of Inspection, you have three business days to produce your forms.
| Violation | Penalty per form or worker (effective Jan. 2, 2025) |
|---|---|
| Paperwork (substantive) violations | $288 to $2,861 |
| Knowingly hiring or continuing to employ: first offense | $716 to $5,724 |
| Knowingly hiring or continuing to employ: second offense | $5,724 to $14,308 |
| Knowingly hiring or continuing to employ: subsequent offenses | $8,586 to $28,619 |
On March 16, 2026, ICE updated its inspection fact sheet. Several errors once treated as fixable technical errors are now substantive and can be fined right away. Examples include a missing date of birth, an undated signature, or missing Section 2 document details, even when a copy of the document is on file.
Form I-9 vs. a background check
Form I-9 and E-Verify answer one question: is this person who they say they are, and are they authorized to work in the U.S.? A background check answers a different one: what does this person’s history show?
| Form I-9 and E-Verify | Employment background check | |
|---|---|---|
| Purpose | Identity and work authorization | Criminal history, driving record, employment and education history, drug screening |
| Required? | Yes, for every new hire (E-Verify is usually optional) | Employer’s choice, unless required for the role |
| Governing law | Immigration law (8 U.S.C. 1324a) | Fair Credit Reporting Act and state laws |
| Timing | After the job is accepted; by the first day and within 3 business days | Usually after a conditional offer, with written consent |
The two belong in the same onboarding workflow, but keep them separate in practice. Never use I-9 documents or E-Verify results as a background check, and never run E-Verify before a job offer is accepted.
How VICTIG helps
VICTIG can add Form I-9 and E-Verify to your hiring process through a trusted partner, alongside the background checks you already order from us. You get FCRA-compliant screening with a 1.8-day average turnaround, plus help with I-9 and E-Verify when you need it.
Talk to VICTIG about I-9 and E-Verify
Related reading: What does a background check show?, Best FCRA-compliant background check services, How long does a background check take?
Frequently asked questions
Do U.S. citizens need to complete Form I-9?
Yes. Every new hire completes Form I-9, whatever their citizenship.
Can an employer choose which documents an employee shows?
No. The employee chooses any acceptable List A document, or a List B plus a List C document. Requesting specific documents can be discrimination.
Is E-Verify required?
For most employers it is voluntary. Some federal contractors and some states require it. You must use it if you want to review I-9 documents remotely under the DHS alternative procedure.
Can I run E-Verify before making a job offer?
No. Create the E-Verify case only after the person accepts the offer and completes Form I-9, and no later than the third business day after they start work.
How long do I keep Form I-9?
Three years after the date of hire, or one year after employment ends, whichever is later.
Is Form I-9 the same as a background check?
No. Form I-9 confirms identity and work authorization. A background check, governed by the Fair Credit Reporting Act, looks at history such as criminal records, driving records and past employment.
Can VICTIG help with Form I-9 and E-Verify?
Yes. VICTIG can add Form I-9 and E-Verify to your hiring process through a trusted partner, alongside your background checks.
