When Must Form I-9 Be Completed and How Long Must It Be Kept?

Employees must complete Section 1 of Form I-9 at the time of hire, employers must examine documents and complete Section 2 within three business days of the hire, and employers must keep each form for three years after the date of hire or one year after employment ends, whichever is later (8 CFR 274a.2(b)).

Section 2 timing. Within three business days of the hire, the employer must physically examine the documents the employee presents, or use an alternative procedure authorized by the Secretary, and complete Section 2 (8 CFR 274a.2(b)(1)(ii)).

Short-term hires. If the employment lasts less than three business days, the employer must complete these steps at the time of hire, and may not accept a receipt in place of a required document (8 CFR 274a.2(b)(1)(iii)).

Documents. Only unexpired documents are acceptable. The employee may present one document that establishes both identity and employment authorization, or one document for each. The identification number and expiration date, if any, must be noted on the form (8 CFR 274a.2(b)(1)(v)).

Retention. An employer must keep each Form I-9 for three years after the hire or one year after employment ends, whichever is later. A recruiter or referrer for a fee keeps the form for three years after the hire (8 CFR 274a.2(b)(2)(i)). ICE notes that forms for current employees must be kept on paper or in an electronic system that can produce legible paper copies with a compliant audit trail (ICE I-9 inspection page).

Inspection notice. Employers must receive at least three business days' notice before an inspection (8 CFR 274a.2(b)(2)(ii)).

Related DHS updates. Proposed changes to employment authorization documents for asylum applicants are covered in the news post on DHS's proposed asylum employment authorization reforms.

Penalties. The FAQ on Form I-9 civil penalties lists the penalty ranges for paperwork violations.