Compliance Tools Library

I-9 Compliance Checklist

Step-by-step interactive checklist to ensure proper completion and timing of Form I-9.

Reviewed by theComplianceToolsLibrary Editorial Team · Last updated

⚠ Disclaimer: This tool is for informational purposes only and does not constitute legal advice. Consult a qualified attorney or HR professional for guidance specific to your situation.
0 of 21 items completed
Section 1 — Employee Information
On or before first day of employment

Employee provides full legal name, address, date of birth, and attests to citizenship/immigration status.

Required only if someone other than the employee helped complete Section 1.

SSN is voluntary unless the employer uses E-Verify, in which case it is required.

Section 2 — Employer Review & Verification
Within 3 business days of first day of employment

Must be from List A (identity + employment authorization) OR one from List B (identity) + one from List C (employment authorization).

Employer must physically examine original documents. Cannot accept photocopies, except for certified birth certificate copies.

Exception: if employment lasts less than 3 days, Section 2 must be completed on the first day.

Acceptable Documents Quick Reference
Reference only — do not over-request documents

One List A document establishes both identity and employment authorization. Do NOT request more documents than required.

Establishes identity only. Must be combined with a List C document.

Establishes employment authorization only. Must be combined with a List B document.

Requiring specific documents or more documents than the minimum may constitute unfair documentary practices (discrimination).

Section 3 — Reverification & Rehires
On or before expiration date / rehire date

Do NOT reverify U.S. citizens, lawful permanent residents, or unexpired List A documents. Only reverify expiring employment authorization.

Employees may present a receipt for a replacement document, but the actual document must follow within 90 days.

Record Retention
Ongoing obligation

Key facts

Section 1 (employee)
Completed no later than the employee's first day of employment
Section 2 (employer)
Completed within 3 business days of the start date
Acceptable documents
One List A document, or one List B (identity) plus one List C (work authorization)
Retention
3 years after the date of hire, or 1 year after employment ends — whichever is later
E-Verify
Voluntary under federal law; mandatory in some states

What is Form I-9 and who must complete it?

Form I-9, Employment Eligibility Verification, is required for every person hired to work in the United States — citizens and noncitizens alike. It documents that the employer verified the worker's identity and authorization to work. The form is administered by U.S. Citizenship and Immigration Services (USCIS).

The employee completes Section 1 by the end of their first day of work. The employer then examines original documents from the Lists of Acceptable Documents and completes Section 2 within three business days of the start date. Employers must use the current edition of the form available on uscis.gov.

Employers may not tell a worker which documents to present or reject valid documents — doing so can be unlawful document abuse. Qualifying E-Verify employers may use the DHS alternative procedure to examine documents remotely.

How to use this tool

  1. 1

    Complete Section 1

    Have the employee fill out Section 1 by the end of their first day of work.

  2. 2

    Examine documents

    Within 3 business days, review original documents the employee chooses from the Lists of Acceptable Documents.

  3. 3

    Complete Section 2

    Record the document details without over-documenting or specifying which documents the employee must present.

  4. 4

    Reverify when needed

    Use Supplement B to reverify expiring work authorization before it lapses — but never reverify U.S. citizens or permanent resident cards.

  5. 5

    Store and calendar retention

    Keep I-9s separate from personnel files and calculate the retention/purge date.

Common mistakes to avoid

  • Missing the three-business-day deadline to complete Section 2.
  • Asking for specific documents or rejecting valid ones (document abuse and potential discrimination).
  • Using an outdated edition of Form I-9.
  • Failing to reverify temporary work authorization before it expires.
  • Filing I-9s inside personnel files, which complicates audits and timely purging.

What to do next

  • Run periodic internal I-9 audits and correct errors with proper annotations — never backdate.
  • Calendar reverification and retention-purge dates.
  • Decide whether to use E-Verify based on federal contracts and state law.
  • Train everyone who completes I-9s on the current rules and form edition.

Sources

Frequently asked questions

When must Form I-9 be completed?

The employee completes Section 1 by their first day of work, and the employer completes Section 2 within three business days of the start date.

How long must employers keep Form I-9?

Three years after the date of hire or one year after employment ends, whichever is later.

Can an employer tell an employee which documents to provide?

No. The employee chooses from the Lists of Acceptable Documents; requiring specific documents can be unlawful document abuse.

Is E-Verify required?

E-Verify is voluntary under federal law but mandatory for certain federal contractors and in a number of states.

What documents satisfy Form I-9?

One List A document (identity and work authorization), or one List B (identity) plus one List C (work authorization) document.

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