Template · Employee records and administration
Form I-9 checklist
In short
An I-9 checklist walks an employer through completing Form I-9 correctly for every new hire: Section 1 by the employee by the first day of work, document examination and Section 2 within three business days, reverification when work authorization expires, retention for the required period, and a periodic internal audit to find and fix errors.
Form I-9 Compliance Checklist template
Form I-9 Compliance Checklist
Use for every new hire, rehire and reverification. Employee: [Name] First day of employment: [Date] Section 2 deadline (3 business days later): [Date] Completed by: [Name, title]. This checklist is general guidance; follow the current USCIS Form I-9 instructions and the M-274 Handbook for Employers.
Before the first day
- Offer accepted before any part of Form I-9 is started (never as a screening step)
- Current edition of Form I-9 downloaded from uscis.gov or confirmed in the electronic I-9 system
- Employee given the form instructions and the Lists of Acceptable Documents, without being told which documents to bring
- Authorized representative arranged if the employee will start at a site without an HR person, and trained on document examination
- For E-Verify employers using the remote alternative procedure: live video session scheduled and the employee told to send copies of documents first
Section 1 (employee, by the first day of employment)
- Every required field completed: name, address, date of birth, citizenship or immigration status attestation
- Social Security number entered if the employer uses E-Verify (otherwise optional)
- Alien registration, USCIS number, I-94 or foreign passport details entered where the status selected requires them
- Work authorization expiration date entered where applicable
- Employee signed and dated Section 1
- Supplement A completed if a preparer or translator helped the employee
- Employer reviewed Section 1 for completeness without asking for proof of what the employee attested
Section 2 (employer, within 3 business days of the first day)
- Employee presented either one List A document, or one List B plus one List C document, of their own choosing
- Original, unexpired documents examined in person (or by live video under the alternative procedure)
- Documents reasonably appear genuine and relate to the person presenting them
- Receipts accepted only where allowed (for example a receipt for a replacement of a lost, stolen or damaged document, valid for 90 days)
- Document title, issuing authority, number and expiration date entered for each document
- First day of employment entered
- Employer or authorized representative name, title, signature and date entered, with business name and address
- Alternative procedure box checked and document copies retained, if documents were examined remotely
- For a job lasting fewer than 3 business days: Section 2 completed by the end of the first day
E-Verify (if enrolled)
- Case created no later than the third business day after the employee starts work
- Case created only after Form I-9 is complete, never before the offer is accepted
- Photo matching completed where the document requires it, with copies retained
- Tentative nonconfirmation notice given to the employee privately, with time to contest; no adverse action while the case is pending
- Case number recorded on the Form I-9 or kept with it
- Case closed in E-Verify
Copies and storage
- Document copies, if your policy is to keep them, made for every employee consistently, not selectively
- Forms I-9 stored separately from personnel files, in a binder, folder or electronic system with restricted access
- Electronic system meets federal requirements for audit trails, signatures and retrieval
- Expiring work authorization dates entered in a tickler or system reminder at least 90 days ahead
Reverification and rehire (Supplement B)
- Reverify only when temporary employment authorization in Section 1 or a List A or C document expires
- Do not reverify U.S. citizens, noncitizen nationals, lawful permanent residents who presented a Permanent Resident Card, or List B identity documents
- Employee chooses which List A or List C document to present for reverification
- Reverification completed by the date authorization expires
- Rehire within 3 years of the original form date: Supplement B used or a new Form I-9 completed
Retention and internal audit
- Retention date calculated at separation: the later of 3 years after the first day of employment or 1 year after employment ends
- Forms past their retention date destroyed securely, unless a legal hold applies
- Internal audit completed at least annually, or on a sample of recent hires each quarter
- Errors corrected by striking through, entering the right information, and initialing and dating the change, with a note explaining it
- No backdating; missing forms completed now with the current date and a note in the file
- Audit findings, corrections and any process changes documented
How to use this template
- Calculate the Section 2 deadline as soon as the start date is set and write it at the top of the checklist.
- Send the employee the form instructions and the full Lists of Acceptable Documents, and let them choose what to bring.
- Have the employee complete Section 1 on or before day one, and check it is complete before examining documents.
- Examine original documents with the employee present (or by live video if you qualify for the alternative procedure) and complete Section 2 within three business days.
- If you use E-Verify, create the case by the third business day and follow the steps for any mismatch.
- Set a reminder for any expiring work authorization, and store the form separately from the personnel file.
- Audit a sample of forms every quarter and correct errors transparently, without backdating.
The deadlines that trip employers up
Every U.S. employer must complete Form I-9 for every employee hired, whatever their citizenship. The two deadlines are fixed. The employee completes Section 1 no later than the first day of employment. The employer completes Section 2 within three business days of that first day. For someone starting on a Monday, that means by the end of Thursday. If the job lasts fewer than three business days, both sections are due on day one.
In high-volume hourly hiring, the risk is not that people do not know the rule. It is that a class of 35 starts on a Monday, the HR coordinator is out on Tuesday, and six forms slip to the following week. Track the deadline per person, and assign a backup.
Acceptable documents and document abuse
The employee chooses which documents to present: one from List A (which proves both identity and work authorization, such as a U.S. passport or Permanent Resident Card), or one from List B (identity, such as a driver's license) plus one from List C (employment authorization, such as an unrestricted Social Security card or birth certificate).
The employer cannot ask for a specific document, ask for more documents than required, or reject a document that reasonably appears genuine and relates to the person. Asking a new hire who looks or sounds foreign for a green card when they offered a driver's license and Social Security card is the classic example of unfair documentary practices. The Immigrant and Employee Rights Section of the Department of Justice enforces this, and it is separate from paperwork penalties. Train everyone who examines documents, including site supervisors acting as authorized representatives.
Remote hires and the alternative procedure
Employers enrolled in E-Verify and in good standing may examine documents remotely under the DHS alternative procedure. The employee sends copies of their documents, then presents the originals on a live video call. The employer checks the box on the form showing the alternative procedure was used, keeps copies of the documents, and creates an E-Verify case for that employee.
If you do not use E-Verify, you need someone to examine the originals in person. Many employers use an authorized representative near the employee, such as a notary or a vendor network. The employer stays liable for any errors that representative makes. Identity verification tools can help confirm a candidate is who they say they are earlier in hiring, but they do not replace the Form I-9 document examination itself.
Running an internal I-9 audit
Audit before the government does. A practical approach for a large hourly workforce is to pull a random sample of 25 to 50 forms each quarter, plus every form for employees with expiring authorization. Check for missing Section 1 fields, Section 2 completed late, document titles that do not match the list, missing signatures, and forms on outdated editions.
Fix errors openly. Strike through the wrong entry, write the correct one, and initial and date it. Where a form is missing entirely, complete one now with the current date and attach a note explaining why. Never backdate. Review how the errors happened and change the process, not just the forms. If the audit turns up a pattern, such as one site consistently completing Section 2 late, the fix is staffing or training at that site.
Fitting the I-9 into onboarding
Treat the Form I-9 as its own item on the new hire paperwork checklist, with its own owner and deadline. Keep completed forms in a separate I-9 file, not the main personnel file, as set out in the personnel file checklist. This keeps national origin and citizenship information away from managers, and in an inspection you produce only I-9s.
State rules add to the federal requirements in some places. Several states require E-Verify for some or all employers, and a few limit how it can be used. Requirements vary by state, so check the rules for each location you hire in.
Frequently asked questions
What is on an I-9 compliance checklist?
Completing Section 1 by the first day, examining original documents and completing Section 2 within three business days, accepting any valid document combination the employee chooses, E-Verify steps if enrolled, storing forms separately, reverifying expiring authorization, retaining forms for the required period and auditing regularly.
What are the Form I-9 acceptable documents?
Either one List A document, which shows identity and employment authorization (for example a U.S. passport or Permanent Resident Card), or one List B identity document plus one List C employment authorization document. The full list is on the form instructions from USCIS, and the employee chooses which to present.
How long do I have to complete Section 2 of Form I-9?
Within three business days of the employee's first day of employment. If the job lasts fewer than three business days, Section 2 must be completed by the end of the first day.
How long must Forms I-9 be kept?
For the later of three years after the date of hire or one year after employment ends. Forms for current employees must be kept for as long as they are employed.
What should an I-9 audit checklist cover?
Whether a form exists for every employee, all required fields are complete, Section 2 was completed on time, documents listed are acceptable and recorded correctly, reverification was done when needed, copies were kept consistently, and corrections were made without backdating.
Can I-9 documents be checked remotely?
Only by employers enrolled in E-Verify and in good standing, using the DHS alternative procedure with a live video examination and retained copies. Other employers must examine documents physically, in person or through an authorized representative.